(G 


LIBRARY  OF  THE  THEOLOGICAL  SEMINARY 

PRINCETON,  N.J. 

The  George  J.  Finney 

Collection  of  Shaker  Literature 

Given  in  Memory  of  His  Uncle 

The  Rev.  John  Clark  Finney 

Class  of  1907 


1 


Digitized  by  tine  Internet  Arciiive 

in  2011  with  funding  from 

Princeton  Tiieoiogicai  Seminary  Library 


littp://www.arcliive.org/details/revisedstatutesoOOnewli 


THi: 


REVISED  STATUTES 


OF  THE 


STATE  OF  NEW  HAMPSHIRE, 


PASSED    DECEMBER    23,  1842. 


TO    WHICH    ARE    PREFIXED 


THE  CONSTITUTIONS 


OF  THE  UNITED  STATES  AND  OF  THE  STATE  OF  NEW  HAMPSHIRE. 


^ufiUsljetr  fifi  attitr:  at  tfte  aeflislaturr. 


CONCORD: 
PUBLISHED  BY  CARROLL  &  BAKER,  STATE  PRINTERS. 

^1843. 


Entered  according  to  act  of  Congress,  in  the  year  1843, 

By  Carroll  &  Baker, 

In  the  Clerk's  Office  of  the  District  Court  for  the  District  of  New  Hampshire. 


stereotyped     BV    MORRILL,    SILSBY  &  CO 
CONCORD,    N.  H. 


ADVERTISEMENT. 


The  first  constitution  of  New  Hampshire  was  adopted  in  1783. 
It  then  became  necessary  to  collect  the  statute  laws  of  the  State 
and  adapt  them  to  the  new  constitution,  and  in  1784  Hon.  Samuel 
Livermore,  Hon.  Josiah  Bartlett  and  Hon.  John  Sullivan  were 
appointed  a  committee  for  that  purpose.  This  volume,  however, 
was  little  more  than  a  compilation. 

In  January,  1790,  Hon.  Jeremiah  Smith,  Hon.  Nathaniel  Peabody 
and  John  Samuel  Sherburne,  Esq.,  were  appointed  a  committee  to 
collate  and  revise  the  statutes,  and  their  draft  which  was  enacted 
in  February,  1791,  has  been  the  basis  of  our  statute  laws  since 
that  time.  This  revision  was  quite  general  and  thorough,  most  of 
the  laws  having  been  redrafted  and  condensed  by  them. 

In  1797,  1805  and  1815,  new  editions  of  the  statutes  were  pub- 
lished ;  but  they  were  merely  compilations,  methodically  arranged, 
of  the  laws  which  at  the  time  were  in  force. 

In  1822  the  probate  laws,  embracing  about  thirty-five  pages, 
were  revised  by  Hon.  Charles  H.  Atherton,  Hon.  John  Harris  and 
James  Bartlett,  Esq.,  and  in  1827,  1828  and  1829,  a  revision  of 
other  portions  of  the  statutes,  embracing  about  two  hundred  pages, 
was  made  under  an  order  of  the  legislature  by  Hon.  William  M. 
Richardson,  John  Porter,  Esq.,  and  Samuel  D.  Bell,  Esq.  These 
laws,  with  a  compilation  of  the  statutes  then  in  force  and  not 
revised,  are  contained  in  the  volume  published  in  1830, 

In  June,  1840,  a  resolution  was  adopted  by  the  legislature  "  that 
three  suitable  persons  be  appointed  by  his  excellency,  with  advice 
of  council,  to  revise,  codify,  and  amend  the  statute  laws  of  New 
Hampshire."  In  November,  1840,  Hon.  Joel  Parker,  Samuel  D. 
Bell,  Esq.,  and  Charles  J.  Fox,  Esq.,  were  appointed  commissioners 
under  said  resolve.  Owing  to  the  pressure  of  official  duties.  Judge 
Parker  was  unable,  except  by  his  advice,  to  take  any  part  in  the 
labors  of  the  revision.     The  loss  of  the  aid  of  his  learning  and 


IV  ADVERTISEMENT. 

experience,  which  would  have  been  valuable,  is  deeply  regretted 
by  the  other  commissioners.  By  great  exertions  and  unremitting 
toil,  however,  the  undersigned  were  enabled  to  complete  their 
work  and  to  present  their  report  accompanied  by  a  draft  of  the 
Revised  Statutes,  on  the  first  day  of  the  session  of  the  legislature  in 
June,  1842.  This  report  and  draft  were  ordered  to  be  printed,  and 
the  consideration  thereof  was  postponed  to  an  adjourned  session, 
holden  for  that  purpose  on  the  first  Wednesday  of  November,  when, 
after  a  session  of  fifty-two  days,  the  Revised  Statutes  of  New 
Hampshire  were  adopted,  December  23,  1842. 

No  general  revision  of  the  statute  laws  of  this  State,  until  the 
present  one,  had  taken  place  since  1790.  During  the  fifty  years 
which  had  elapsed,  nearly  two  thousand  different  acts  had  been 
passed,  of  which  about  six  hundred  were  in  force  in  1841.  In 
the  revision  these  laws  have  been  abridged  nearly  one  half.  To 
condense,  embody  and  arrange  their  various  and  conflicting  provi- 
sions into  a  system,  without  changing  important  and  well  esta- 
blished principles,  was  found  to  be  no  easy  task.  In  the  execution 
of  the  work  the  commissioners  adopted  the  general  plan  of  the 
Revised  Statutes  of  New  York,  (which  is  the  basis  of  nearly  all 
the  recent  revisions, )  with  such  modifications  as  were  suggested  by 
the  peculiar  internal  system  of  this  State. 

By  a  resolution  passed  December,  1842,  the  secretary  of  state 
was  directed  to  proxiure  from  the  commissioners  suitable  running 
titles,  abstracts  for  the  chapters  and  an  exact  and  copious  index 
for  the  Revised  Statutes.  The  preparation  of  the  index  has  been 
a  work  of  much  labor.  To  be  useful,  it  must  be  full,  accurate  and 
methodical.  The  plan  adopted  has  been  to  make  a  general  head 
of  the  subject  matter  in  the  index,  and  under  it  to  arrange  the 
different  provisions  relating  to  that  head  in  alphabetical  order,  as 
a  sub-index.  It  is  thought  that  this  arrangement,  when  understood, 
will  be  found  in  practice  more  convenient  than  any  other. 

SAMUEL  D.  BELL, 

CHARLES  J.  FOX. 
March,  1843. 


ANALYSIS 


CONSTITUTIONS  OF  THE  UNITED  STATES 
AND  OF  NEW  HAMPSHIRE, 


AND    OF    THE 


SEVERAL  TITLES  AND  CHAPTERS 


CONTAINED    IN 


THE  REVISED  STATUTES. 


CONSTITUTION  OF  THE  UNITED  STATES. 

Page. 

Article  I.    Legislative  power 2 

II.    Executive  power 7 

III.  Judicial  power 9 

IV.  Relative  rights  of  States 10 

V,    How  the  constitution  may  be  amended 11 

VI.    Of  former  debts,  supremacy  of  the  constitution  and 
laws  of  the  United   States  and  oath  required  of 

public  officers 12 

VII.    Ratification  of  the  constitution 12 

Amendments 12 


CONSTITUTION  OF  THE  STATE  OF  NEW  HAMPSHIRE. 

Part  I.     Bill  of  rights 17 

Part  II.  Form  of  government 23 

General  Court 23 

House  of  Representatives 24 

Senate 26 


Vi  ANALYSIS     OF    THE    STATUTES. 

Executive  power 30 

Governor 30 

Council  33 

Secretary,  Treasurer,  Commissary  General,  &c 35 

County  Treasurer,  &c , 35 

Judiciary  power 36 

Clerks  of  courts 37 

Encouragement  of  learning 37 

Oaths,  writs,  and  general  provisions 37 

Declaration  of  the  adoption  of  the  constitution 41 


THE    KEVISE®    STATUTES. 


TITLE  I. 

OF  STATUTES  AND  LEGISLATIVE  PROCEEDINGS. 

Chapter  1.    Of  the  construction  of  statutes 43 

Chapter  2.    Of  applications  to  and  proceedings  before  the  le- 
gislature   46 

Chapter  3.    Of   the   publication    and    distribution    of  statutes 

and  journals 47 

Chapter  4.    Of  the  public  printer  and  public  printing 49 

TITLE  II. 

OF  THE  PROPERTY  AND  REVENUE  OF  THE  STATE. 

Chapter  5.    Of  the  state  house 50 

Chapter  6.    Of  the  state  library 51 

Chapter  7.    Of  the  state  lands 53 

Chapter  8.    Of  the  surplus  revenue .54 

Chapter  9.    Of  the  asylum  for  the  insane 55 

Chapter  10.  Of  the  state  tax   57 

TITLE  III. 

OF  CERTAIN  STATE  OFFICERS,  AND  THE  TENURE  OF  OFFICE. 

Chapter  11.    Of  the  secretary  of  state 64 

Chaptkr  12.    Of  the  stale  treasurer 65 


ANALYSIS    OF    THE    STATUTES. 


Vll 


Chapter  13.    Of  the  attorney  general  and  solicitors 66 

Chapter  14.    Of  notaries  public  and  commissioners 67 

Chapter  15.    Of  the  tenure  and  oath  of  office  in  certain  cases.  .69 

TITLE  IV. 

OF  THE  CIVIL  DIVISIOiNS  OF  THE  STATE. 

Chapter  16.    Of  the  several  counties  of  the  State 70 

Chapter  17.    Of  the  several  council  districts 73 

Chapter  18.    Of  the  several  senatorial  districts 74 

TITLE  V. 

OF  COUNTIES  AND  COUNTY  OFFICERS. 

Chapter  19.  Of  the  powers  and  obligations  of  counties 76 

Chapter  20.  Of  the  election  of  county  officers 76 

Chapter  21.  Of  the  county  treasurer 78 

Chapter  22.  Of  registers  of  deeds 79 

Chapter  23.  Of  the  county  revenue 80 

TITLE  VI. 

OF  ELECTIONS  OTHER  THAN  OF  COUNTY  AND  TOWN  OFFICERS. 

Chapter  24.    Of  the  rights  and  qualifications  of  voters 81 

Chapter  25.    Of  the  manner  of  conducting  elections 82 

Chapter  26.    Of    the    election   of    governor,    counsellors   and 

senators 85 

Chapter  27.    Of  the  election  of  representatives  in  Congress ...  86 
Chapter  28.    Of  the  election  of  electors  of  president  and  vice- 
president  87 

Chapter  29.    Of  the  election  of  representatives  in  the  general 

court 89 

Chapter  30.    General  provisions  concerning  elections 91 


TITLE  VIL 

OF  TOWNS  AND  TOWN  OFFICERS. 

Chapter  31.    Of  the  powers  of  towns 93 

Chapter  32.    Of  warning  town  meetings 94 


till 


ANALYSIS  OF  THE  STATUTES. 


Chapter  33.  Of  the  government  of  town  meetings 95 

Chapter  34.  Of  the  choice  of  town  officers 96 

Chapter  35.  Of  oaths  of  town  officers 97 

Chapter  36.  Of  vacancies  in  town  offices 99 

Chapter  37.  Of  town  lines 100 

Chapter  38.  Of  mi  incorporated  places 101 

TITLE  VIII. 

OF  THE  ASSESSMENT  AND  COLLECTION  OF  TAXES. 

Chapter  39.  Of  persons  and  property  liable  to  taxation 102 

Chapter  40.  Where  and  to  whom  persons  and  property  shall 

be  taxed 103 

Chapter  41.  Of  the  annual  invoice  of  polls  and  taxable  property  106 

Chapter  42.  Of  the  appraisal  of  taxable  property 107 

Chapter  43.  Of  the  assessment  of  taxes 108 

Chapter  44.  Of  the  abatement  of  taxes 109 

Chapter  45.  Of  the  collection  of  taxes  of  residents 109 

Chapter  46.  Of  the  collection  of  taxes  of  non-residents 112 

Chapter  47.  Of  the  collection  of  taxes  by  the  sheriffs 115 

Chapter  48.  Of  extents 116 


TITLE  IX. 

OF  HIGHWAYS,  BRIDGES  AND  FERRIES. 

Chapter  49.    Of  the  powers  of  selectmen  to  lay  out  highways. .  118 
Chapter  50.    Of  the  powers  of  the  court  of  common  pleas  in 

relation  to  the  laying  out  of  highways 120 

Chapter  51.    Of  the  powers  of  the  road  commissioners 122 

Chapter  52.    Of  the  payment  of  damages  occasioned  by  lay- 
ing out  highways 123 

Chapter  53.    Of  the  neglect  of  towns  to  make  and    repair 

highways 124 

Chapter  54.    Of  the  discontinuance  of  highways 126 

Chapter  55.    Of  repairing  highways 126 

Chapter  56.    Of  making  and  repairing  highways  not  in  any 

town 128 

Chapter  57.    Of  damages  from  defects  of  highways 130 

Chapter  58.    Of  injuries  to  highways  and  railroads 131 

Chapter  59.    Of  incumbrances  in  highways 131 


ANALYSIS    OF    THE    STATUTES. 


IX 


Chapter  60.  Of  encroachments  on  highways 132 

Chapter  61.  Of  bridges 133 

Chapter  62.  Of  guide  posts 133 

Chapter  63.  Of  turning  to  the  right 134 

Chapter  64.  Of  ferries 135 


TITLE  X. 

OF  THE  SUPPORT  OF  PAUPERS  AND  THE  PREVENTION  OF 
PAUPERISM. 

Chapter  65.  Of  the  settlement  of  paupers 136 

Chapter  66.  Of  the  support  of  town  paupers 137 

Chapter  67.  Of  the  disposal  and  support  of  county  paupers. .  139 

Chapter  68.  Of  the  maintenance  of  bastard  children 141 


TITLE  XI. 

OF  PUBLIC  INSTRUCTION. 

Chapter  69.  Of  the  creation  and  division  of  school  districts. .  143 
Chapter  70.    Of  the  meetings  and  officers  of  school  districts. .  145 

Chapter  71.    Of  school  houses 14f 

Chapter  72.    Of  assessment  and  apportionment  of  the  school 

tax 148 

Chapter  73.    Of  the  regulation,  instruction  and  inspection  of 

schools 149 

Chapter  74.    Of  schools  in  the  town  of  Portsmouth 152 

Chapter  75.    Of  the  literary  fund 154 


TITLE  XIL 

OF  THE  MILITIA. 

Chapter  76.    Of  exemptions 155 

Chapter  77.    Of  enrolments 157 

Chapter  78.    Of  warnings 158 

Chapter  79.    Of  uniform  and  equipments 159 

Chapter  80.    Of  fines  for  non-appearance  and  deficiences  of 

equipments   161 

Chapter  81.    Of  excuses  and  certificates  of  disability 162 

Chapter  82.    Of  distress  for  fines 163 

Chapter  83.    Of  pay  and  rations 165 

B 


X  ANALYSIS    OF    THE    STATUTES. 

Chapter  84.  Of  companies  and  enlistments 166 

Chapter  85.  Of  ordnance  and  gun  houses 167 

Chapter  86.  Of  arms  furnished  by  the  State 169 

Chapter  87.  Of  company  trainings  and  regimental   musters. .  170 

Chapter  88.  Of  returns 171 

Chapter  89.  Of  orderly  books  and  rosters 173 

Chapter  90.  Of  instruction  of  officers  and  musicians 174 

Chapter  91.  Of  detachments   for  actual  service 175 

Chapter  92.  Of  regiments,  brigades  and  divisions 176 

Chapter  93.  Of  officers 178 

Chapter  94.  Of  the  adjutant  general 180 

Chapter  95.  Of  the  commissary  general 182 

Chapter  96.  Of  courts  martial 183 

Chapter  97.  Of  courts  of  inquiry 186 

Chapter  98.  Of  the  incorporation  of  military  companies  ....  187 

TITLE  XIII. 

OF  THE  INSPECTION  AND  SALE  OF  PROVISIONS  AND  MERCHAN- 
DIZE, AND  THE  REGULATION  OF  TRADE. 

Chapter    99.  Of  the  appointment  and  duties  of  inspectors. . .  188 

Chapter  100.  Of  the  inspection  of  beef  and  pork 189 

Chapter  101.  Of  the  inspection  of  butter  and  lard 195 

Chapter  102.  Of  the  inspection  of  hops 197 

Chapter  103.  Of  the  inspection  of  fish 199 

Chapter  104.  Of  the  inspection  of  pot  and  pearl  ashes 204 

Chapter  105.  Of  the  inspection  of  gunpowder 206 

Chapter  106.  Of  the  inspection  of  lumber,  timber,  &c 207 

Chapter  107.  Of  the  sale  of  hay,  leather  and  cord  wood. . . .  210 

Chapter  108.  Of  measurers  of  grain  in  Portsmouth 211 

Chapter  109.  Of  the  weight  of  oats,  potatoes  and  bread  ....212 

Chapter  110.  Of  weights  and  measures 213 


TITLE  XIV. 

OF  INTERNAL  POLICE. 

Chapter  111.  Of  the  extinguishment  of  fires 215 

Chapter  112.  Of  the  safe  keeping  of  gunpowder 219 

Chapter  113.  Of  offences  against  the  police  of  towns 220 

Chapter  114.  Of  police  officers 223 


ANALYSIS  OF  THE  STATUTES. 


Xi 


Chapter  115.    Of  watchmen 225 

Chapter  116.    Of  idle  and  disorderly  persons 225 

Chapter  117.    Of  licensed  honses 227 

Chapter  118.    Of  Snnday  and  of  religious  meetings 228 

Chapter  119.    Of  the  removal  of  nuisances 230 

Chapter  120.    Of  the  small  pox  and  pestilential  diseases 232 

Chapter  121.    Of  quarantine 233 

Chapter  122.  Of  pilots  and  pilotage  and  the  harbor  of  Pis- 

cataqua 236 

Chapter  123.    Of  sea  weed 237 

Chapter  124.    Of  hawkers  and  pedlers 238 

Chapter  125.    Of  shows  and  exhibitions 239 

Chapter  126.    Of  the  record  of  births  and  deaths 239 

Chapter  127.  Of  the  destruction  of  noxious  animals  and  the 

preservation  of  game 240 

Chapter  128.    Relating  to  sheep  * 241 

TITLE  XY. 

OF  THE  TITLE  TO,  ALIENATION  OF,  AND  LIENS  UPON  REAL  AND 
PERSONAL  ESTATE. 

Chapter  129.  Of  estates  in  real  property 242 

Chapter  130.  Of  the  conveyance  of  real  estate 243 

Chapter  131.  Of  mortgages  of  real  estate 245 

Chapter  132.  Of  mortgages  of  personal  property 247 

Chapter  133.  Of  the  liens  of  mechanics  and  others 249 

Chapter  134.  Of  assignments  for  the  benefit  of  creditors. . . .  251 

TITLE  XYI. 


PROVISIONS  RESPECTING  MILLS,  FENCES,  POUNDS,   FLOATING 
TIMBER,  STRAYS  AND  LOST  GOODS. 

Chapter  135.  Of  mills  and  their  repairs 251 

Chapter  136.  Of  fences  and  common  fields 253 

Chapter  137.  Of  pounds  and  the  distraining  of  animals 256 

Chapter  138.  Of  floating  timber  and  damage  therefrom 259 

Chapter  139.  Of  strays  and  lost  goods 260 


XII 


Chapter  140. 
Chapter  141. 
Chapter  142. 
Chapter  143. 
Chapter  144. 
Chapter  145. 
Chapter  146. 


ANALYSIS    OF    THE    STATUTES. 

TITLE  XVII. 

OF  CORPORATIONS. 

Of  banks 262 

Of  manufacturing  corporations 270 

Of  railroad  corporations 275 

Of  the  proprietors  of  common  lands 277 

Of  religious  societies 281 

Of  voluntary  associations 283 

General  provisions  respecting  corporations 285 


TITLE  XVIII. 

OF  THE  DOMESTIC  RELATIONS. 

Chapter  147.  Of  marriage 290 

Chapter  148.  Of  divorce 293 

Chapter  149.  Of  husband  and  wife 295 

Chapter  150.  Of  guardian  and  ward 297 

Chapter  151.  Of  masters,  apprentices  and  servants 302 


TITLE  XIX. 

OF  PROBATE  AND  THE  ESTATES  OF  DECEASED  PERSONS. 

Chapter  152.  Of  judges  of  probate  and  their  jurisdiction. . . .  305 

Chapter  153.  Of  registers  of  probate 307 

Chapter  154.  Of  the  times  and  places  of  holding  courts  of 

probate 308 

Chapter  155.  Of  citations  and  notices 310 

Chapter  156.  Of  wills 311 

Chapter  157.  Of  the  probate  of  wills 312 

Chapter  158.  Of  administration 314 

Chapter  159.  Of  the  inventory  and  accounts 316 

Chapter  160.  Of  embezzlements 319 

Chapter  161.  Of  suits  by  and  against  administrators 319 

Chapter  162.  Of  insolvent  estates 322 

Chapter  163.  Of  appeals  from  commissioners 325 

Chapter  164.  Of  license  to  sell  real  estate 327 

Chapter  165.  Of  the  widow's  allowance,  dower  and  distri- 
butive share 329 

Chapter  166.  Of  descent,  distribution  and  advancements..  ..330 


ANALYSIS    OF    THE    STATUTES. 


Xlll 


Chapter  167.    Of  the  division  of  real  estate  among  heirs  and 

devisees 332 

Chapter  168.    Of  trustees  of  estates 334 

Chapter  169.    Of  bonds  to  the  judge  and  suits  thereon 335 

Chapter  170.    Of  appeals  from  the  court  of  probate 338 

TITLE  XX. 

OF  COURTS  AND  THEIR  OFFICERS. 

Chapter  171.  Of  the  superior  court  of  judicature 339 

Chapter  172.  Of  the  court  of  common  pleas 342 

Chapter  173.  Of  the  adjournment  of  courts 344 

Chapter  174.  Of  the  clerks  of  courts 344 

Chapter  175.  Of  justices  of  the  peace 346 

Chapter  176.  Of  juries 348 

Chapter  177.  Of  attorneys  and  counsellors 351 

Chapter  178.  Of  sheriffs  and  their  deputies 352 

Chapter  179.  Of  coroners  and  constables 356 

TITLE  XXL 

OF  ACTIONS  AND  PROCESS. 

Chapter  180.  Of  actions 357 

Chapter  181.  Of  the  limitation  of  suits 359 

Chapter  182.  Of  writs  and  mesne  process 361 

Chapter  183,  Of  the  service  of  writs 365 

Chapter  184.  Of  attachments 367 

Chapter  185.  Of  arrests  and  bail 372 


TITLE  XXIL 

OF  PROCEEDINGS  IN  COURT. 

Chapter  186.  Of  nonsuit,  default,  notice  and  abatement 374 

Chapter  187.  Of  tender,  confession,  pleading  and  set-off. . . .  377 

Chapter  188.  Of  views  and  evidence 378 

Chapter  189.  Of  auditors   382 

Chapter  190.  Of  judgments » . .  383 

Chapter  191.  Of  costs 385 

Chapter  192.  Of  reviews  and  new  trials 386 


XIV 


ANALYSIS    OF    THE    STATUTES. 


TITLE  XXIII. 

OF  EXECUTIONS,  LEVIES,  BAIL  AND  RELIEF  OF  POOR  DEBTORS. 

Chapter  193.  Of  executions 388 

Chapter  194.  Of  the  levy  of  executions  on  personal  estate  . .  390 

Chapter  195.  Of  levies  on  real  estate 393 

Chapter  196.  Of  levies  on  equities  of  redemption 394 

Chapter  197.  Of  levies  and  injunctions 396 

Chapter  198.  Of  executions  against  towns 397 

Chapter  199.  Of  imprisonment  and  prison  bonds 398 

Chapter  200.  Of  the  relief  of  poor  debtors 399 

Chapter  201.  Of  the  liability  of  bail 402 

TITLE  XXIV. 

OF  PROCEEDINGS  IN  SPECIAL  CASES. 

Chapter  202.  Of  habeas  corpus 404 

Chapter  203.  Of  forfeiture  of  grants 408 

Chapter  204.  Of  replevin 411 

Chapter  205.  Of  the  action  of  dower 412 

Chapter  206.  Of  the  partition  of  real  estate 413 

Chapter  207.  Of  trespasses  and  waste 416 

Chapter  208.  Of  foreign  attachment  or  the  trustee  process.  .  .417 

Chapter  209.  Of  the  action  against  tenants 424 

Chapter  210.  Of  references  of  disputes  by  consent  and  con- 
fession of  debt  before  a  justice  of  the  peace . .  426 

TITLE  XXV. 

OF  FINES,  FORFEITURES,  COSTS  AND  RECOGNIZANCES. 

Chapter  211.    Of  fines,  penalties,  costs  and  recognizances. . . .  429 
Chapter  212.    Of  forfeitures  of  personal  property 431 


TITLE  XXVL 

OF  CRIMES  AND  PUNISHMENTS. 

Chapter  213.  Of  offences  against  the  State 432 

Chapter  214.  Of  offences  against  the  life  or  person 433 

Chapter  215.  Of  offences  against  property 435 

Chapter  216.  Of  forgery  and  counterfeiting 438 


ANALYSIS  OF  THE  STATUTES.  XV 

-Chapter  217.    Of  offences  against  public  justice 440 

Chapter  218.    Of  offences  against  the  public  peace 443 

Chapter  219.    Of  offences  against  chastity,  decency  and  mo- 
rality   444 

Chapter  220.    Of  offences  against  public  policy 446 

Chapter  221.    General  provisions  concerning  crimes 447 


TITLE  XXVII. 

OF  PROCEEDINGS  IN  CRIMINAL  CASES. 

Chapter  222.  Of  criminal  jurisdiction  of  justices  of  the  peace .  448 

Chapter  223.    Of  fugitives  from  justice 451 

Chapter  224,    Of  coroners'  inquests 453 

Chapter  225.    Of  proceedings  in  criminal  cases 457 

TITLE  XXVIII. 

OF  IMPRISONMENT. 

Chapter  226.    Of  jails  and  houses  of  correction 461 

Chapter  227.    Of  the  state  prison 463 

TITLE  XXIX. 

OF  SALARIES  AND  FEES. 

Chapter  228.    Of  salaries  and  compensation  of  certain  officers.  467 
Chapter  229.    Of  fees  and  costs  in  certain  cases 470 

TITLE   XXX. 

Chapter  230.    Of  acts  repealed 475 

Index 499 


CONSTITUTION 


OF 


THE   UNITED    STATES. 


ARTICLE  I. 
Section 

1.  Legislative  powers,  in  whom  vested. 

8.  House  of  Representatives,  how  and  by 
whom  chosen. — Qualifications  of  a 
representative. — Representatives  and 
direct  taxes,  how  apportioned. — Cen- 
sus.— Vacancies  to  be  filled. — Power 
of  choosing  officers,  and  of  impeach- 
ment. 

3.  Senators,  how  and  by  whom  chosen. — 
How  classified. — State  executive  to 
make  temporary  appointments,  in  case, 
&c. — Qualification.s  of  a  senator. — 
President  of  the  Senate,  his  right  to 
vote. — President  pro  tem.  and  other 
officers  of  senate,  how  chosen. — Power 
to  try  impeachments. — When  president 
is  tried,  chief  justice  to  preside. — Sen- 
tence. 

4.  Times,  &c.,of  holding  elections,  how 
prescribed. — One  session  in  each  year. 

5.  Membership. Quorum. Adjourn- 
ments.— Rules. — Power  to  punish  or 
expel. — Journal. — Time  of  adjourn- 
ments limited,  unless,  &c. 

6.  Compensation. — Privileges. — Disqua- 
lification in  certain  cases. 

7.  House  to  originate  all  revenue  bills. 
— Veto. — Bill  may  be  passed  by  two 
thirds  of  each  house,  notwithstanding, 
&c. — Bill  not  returned  in  ten  days. — 
Provision  as  to  all  orders,  &c.  except, 
&c. 

1 


8.  Powers  of  congress. 

9.  Provision  as  to  migration  or  importa- 
tion of  certain  persons. — Habeas  cor- 
pus.— Bills  of  attainder,  &c. — Taxes, 
how  apportioned. — No  export  duty. — 
No  commercial  preferences. — No  mo- 
ney drawn  from  treasury,  unless,  &c. 
— No  titular  nobility. — Officers  not  to 
receive  presents,  unless,  &c. 

10.  States  prohibited  from  the  exercise 
of  certain  powers. 

ARTICLE  n. 

Section 
1. — President,  his  term  of  office. — Elect- 
ors of  president,  number,  and  how  ap- 
pointed.— Electors  to  vote  on  same  day. 

Qualification    of     president. On 

whom  his  duties  devolve  in  case  of  his 
removal,  death,  &c. — President's  com- 
pensation.— His  oath. 

2.  President  to  be  commander-in-chief. 
— He  may  require  opinion  of,  &c.  and 
may  pardon. — Treaty-making  power. 
— Nomination  of  certain  officers.^ 
When  president  may  fill  vacancies. 

3.  President  shall  communicate  to  Con- 
gress.— He  may  convene  and  adjourn 
congress,  in  case,  &c. ;  shall  receive 
ambassadors  ;  execute  laws,  and  com- 
mission officers. 

4.  All  civil  offices  forfeited  for  certain 
crimes. 


CONSTITUTION    OF    THE    UNITED    STATES. 


ARTICLE  III. 
Section 

1.  Judicial  power. — Tenure. — Compen- 
sation. 

2.  Judicial  power,  to  what  cases  it  ex- 
tends.— Original  jurisdiction  of  su- 
preme court. — Appellate. — Trial  by 
jury,  except,  &c. — Trial,  where. 

3.  Treason  defined. — Proof  of. — Punish- 
ment of. 

ARTICLE  IV. 
Section 

1.  Each  state  to  give  credit  to  the  public 
acts,  &c.  of  every  other. 

2.  Privileges  of  citizens  of  each  state. — 
Fugitives  from  justice  to  be  delivered 
up. — Persons  held  to  service,  having 
escaped,  to  be  delivered  up. 

3.  Admission  of  new  states. — Power  of 
congress  over  territory  and  otner  pro- 
perty. 

4.  Republican  form  of  government  gua- 
rantied.— Each  state  to  be  protected. 

ARTICLE   V. 

Constitution,  how  amended. — Proviso. 

ARTICLE  VI. 

Certain  debts,  &c.  adopted. — Suprema- 
cy of  constitution,  treaties  and  laws  of 
the    United  States. — Oath  to  support 


constitution,  by  whom  taken. — No  re- 
ligious test. 

ARTICLE  VII. 

What  ratification  shall  establish  consti- 
tution. 

AMENDMENTS. 

Article 

1.  Religious  establishment  prohibited. — 
Freedom  of  speech,  of  the  press,  and 
right  to  petition. 

2.  Right  to  keep  and  bear  arms. 

3.  No  soldier  to  be  quartered  in  any 
house,  unless,  &c. 

4.  Right  of  search  and  seizure  regulated. 

5.  Provisions  concerning  prosecution, 
trial  and  punishment. — Private  proper- 
ty not  to  be  taken  for  public  use,  with- 
out, &c. 

6.  Further  provision  respecting  criminal 
prosecutions. 

7.  Right  of  trial  by  jury  secured. 

8.  Excessive  bail  or  fines  and  cruel  pun- 
ishments prohibited. 

9.  Rule  of  construction. 

10.  Same  subject. 

11.  Same  subject. 

12.  Manner    of  choosing    president   and 
vice-president. 


WE,  the  people  of  the  United  States,  in  order  to  form  a  more 
perfect  union,  establish  justice,  insure  domestic  tranquillity,  provide 
for  the  common  defence,  promote  the  general  welfare,  and  secure 
the  blessings  of  liberty  to  ourselves  and  our  posterity,  do  ordain 
and  establish  this  Constitution  for  the  United  States  of 
America. 


ARTICLE  I. 

Section  1.  All  legislative  powers  herein  granted  shall  be  vested 
in  a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate 
and  House  of  Representatives. 

Sec.  2.  The  House  of  Representatives  shall  be  composed  of  mem- 
bers chosen  every  second  year  by  the  people  of  the  several  states ; 
and  the  electors  in  each  state  shall  have  the  qualifications  requisite 
for  electors  of  the  most  numerous  branch  of  the  state  legislature. 

No  person  shall  be  a  representative  who  shall  not  have  attained 


CONSTITUTION    OF    THE    UNITED    STATES.  3 

the  age  of  twenty-five  years  and  been  seven  years  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of 
that  state  in  which  he  shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  states  which  may  be  included  within  this  Union,  according 
to  their  respective  numbers,  which  shall  be  determined  by  adding 
to  the  whole  number  of  free  persons,  including  those  bound  to  ser- 
vice for  a  term  of  years,  and  excluding  Indians  not  taxed,  three 
fifths  of  all  other  persons.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  Congress  of  the 
United  States,  and  within  every  subsequent  term  of  ten  years,  in 
such  manner  as  they  shall  by  law  direct.  The  number  of  repre- 
sentatives shall  not  exceed  one  for  every  thirty  thousand,  but  each 
state  shall  have  at  least  one  representative  :  and  until  such  enume- 
ration shall  be  made,  the  state  of  New  Hampshire  shall  be  entitled 
to  choose  three  ;  Massachusetts,  eight  ;  Rhode  Island  and  Provi- 
dence Plantations,  one  ;  Connecticut,  five  ;  New  York,  six ;  New 
Jersey,  four  ;  Pennsylvania,  eight ;  Delaware,  one  ;  Maryland,  six  ; 
Virginia,  ten ;  North  Carolina,  five ;  South  Carolina,  five ;  and 
Georgia,  three. 

When  vacancies  happen  in  the  representation  from  any  state,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

The  House  of  Representatives  shall  choose  their  speaker  and 
other  officers,  and  shall  have  the  sole  power  of  imjDeachment. 

Sec.  3.  The  Senate  of  the  United  States  shall  be  composed 
of  two  senators  from  each  state,  chosen  by  the  legislature  thereof, 
for  six  years ;  and  each  senator  shall  have  one  vote. 

Immediately  after  they  shall  be  assembled  in  consequence  of  the 
first  election,  they  shall  be  divided,  as  equally  as  may  be,  into  three 
classes.  The  seats  of  the  senators  of  the  first  class  shall  Be  vacated 
at  the  expiration  of  the  second  year,  of  the  second  class  at  the  ex- 
piration of  the  fourth  year,  and  of  the  third  class  at  the  expiration  of 
the  sixth  year,  so  that  one  third  may  be  chosen  every  second  year  ; 
and  if  vacancies  happen  by  resignation  or  otherwise,  during  the  re- 
cess of  the  legislature  of  any  state,  the  executive  thereof  may  make 
temporary  appointments  until  the  next  meeting  of  the  legislature, 
which  shall  then  fill  such  vacancies. 

No  person  shall  be  a  senator  who  shall  not  have  attained  to  the 
age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
state  for  which  he  shall  be  chosen. 

The  vice-president  of  the  United  States  shall  be  president  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

The  Senate  shall  choose  their  other  officers,  and  also  a  president 
pro  tempore,  in  the  absence  of  the  vice-president,  or  when  he  shall 
exercise  the  office  of  president  of  the  United  States. 


4  CONSTITUTION    OF    THE    UNITED    STATES. 

The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  president  of  the  United  States  is  tried,  the  chief  justice 
shall  preside  ;  and  no  person  shall  be  convicted  without  the  concm- 
rence  of  two  thirds  of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend  farther  than 
to  removal  from  office  and  disqualification  to  hold  and  enjoy  any 
office  of  honor,  trust  or  profit  under  the  United  States  ;  but  the 
party  convicted  shall  nevertheless  be  liable  and  subject  to  indict- 
ment, trial,  judgment  and  punishment,  according  to  law. 

Sec.  4.  The  times,  places  and  manner  of  holding  elections  for 
senators  and  representatives,  shall  be  prescribed  in  each  state  by  the 
legislature  thereof ;  but  the  Congress  may  at  any  time  by  law  make 
or  alter  such  regulations,  except  as  to  the  places  of  choosing  sena- 
tors. 

The  Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall 
by  law  appoint  a  different  day. 

Sec  5.  Each  house  shall  be  the  judge  of  the  elections,  retiu'ns 
and  qualifications  of  its  OAvn  members,  and  a  majority  of  each  shall 
constitute  a  quorum  to  do  business  ;  but  a  smaller  number  may  ad- 
journ from  day  to  day,  and  may  be  authorized  to  compel  the  attend- 
ance of  absent  members,  in  such  manner,  and  under  such  penalties 
as  each  house  may  provide. 

Each  house  may  determine  the  rules  of  its  proceedings,  pun- 
ish its  members  for  disorderly  behavior,  and  with  the  concurrence 
of  two  thirds  expel  a  member. 

Each  house  shall  keep  a  journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  parts  as  may  in  their  judg- 
ment require  secrecy  ;  and  the  yeas  and  nays  of  the  members  of 
either  house  on  any  question  shall,  at  the  desire  of  one  fifth  of  those 
present,  be  entered  on  the  journal. 

Neither  house,  during  the  session  of  Congress,  shall  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days  nor  to  any 
other  place  than  that  in  which  the  tAvo  houses  shall  be  sitting. 

Sec.  6.  The  senators  and  representatives  sliall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law  and  paid  out 
of  the  treasury  of  the  United  States.  They  shall  in  all  cases,  ex- 
cept treason,  felony  and  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  session  of  their  respective 
houses,  and  in  going  to  and  returning  from  the  same  ;  and  for  any 
speech  or  debate  in  either  house,  they  shall  not  be  questioned  in 
any  other  place. 

No  senator  or  representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of 


CONSTITUTION  OF  THE  UNITED  STATES.  5 

the  United  States,  which  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased  during  such  time  ;  and  no  per- 
son holding  any  office  under  the  United  States,  shall  be  a  member 
of  either  house  during  his  continuance  in  office. 

Sec.  7.  All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Representatives ;  but  the  Senate  may  propose  or  concur  with 
amendments  as  on  other  bills. 

Every  bill  v/hich  shall  have  passed  the  House  of  Representatives 
and  the  Senate,  shall,  before  it  become  a  law,  be  presented  to  the 
president  of  the  United  States ;  if  he  approve,  he  shall  sign  it,  but 
if  not,  he  shall  return  it  with  his  objections,  to  that  house  in  which 
it  shall  have  originated,  who  shall  enter  the  objections  at  large  on 
their  jom'ual,  and  proceed  to  reconsider  it.  If  after  such  reconsid- 
eration, two  thirds  of  that  house  shall  agree  to  pass  the  bill,  it  shall 
be  sent,  together  with  the  objections,  to  the  other  house,  by  which 
it  shall  likewise  be  reconsidered,  and  if  approved  by  two  thirds  of 
that  house,  it  shall  become  a  law.  But  in  all  such  cases  the  votes 
of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  and  against  the  bill,  shall  be  entered  on 
the  jom-nal  of  each  house  respectively.  If  any  bill  shall  not  be  re- 
turned by  the  president  Avithin  ten  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in  like 
manner  as  if  he  had  signed  it,  unless  the  Congress  by  their  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

Every  order,  resolution  or  vote,  to  which  the  concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary  (except  on 
a  question  of  adjournment)  shall  be  presented  to  the  president  of 
the  United  States ;  and  before  the  same  shall  take  effect,  shall  be 
approved  by  him,  or  being  disapproved  by  him,  shall  be  repassed  by 
two  thirds  of  the  Senate  and  House  of  Representatives,  according 
to  the  rules  and  Imiitations  prescribed  in  the  case  of  a  bill. 

Sec  8.  The  Congress  shall  have  power : — To  lay  and  collect 
taxes,  duties,  imposts  and  excises  ;  to  pay  the  debts  and  provide  for 
tlie  common  defence  and  general  welfare  of  the  United  States  ;  but 
all  duties,  imposts  and  excises  shall  be  uniform  throughout  the  Uni- 
ted States  : — To  borrow  money  on  the  credit  of  the  United  States  : 
— To  regulate  commerce  with  foreign  nations  and  among  the  seve- 
ral states,  and  with  the  Indian  tribes  : — To  establish  a  uniform  rule 
of  naturalization,  and  uniform  laws  on  the  subject  of  bankruptcies, 
throughout  the  United  States  : — To  coin  money,  regulate  the  value 
thereof  &,nd  of  foreign  coin,  and  fix  the  standard  of  weights  and 
measures : — To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  cm-rent  coin  of  the  United  States  : — To  establish  post- 
offices  and  post  roads : — To  promote  the  progress  of  science  and  use- 
ful arts,  by  securing  for  limited  times  to  authors  and  inventors,  the 
exclusive  right   to  their  respective  writings  and  discoveries  : — To 


6  CONSTITUTION    OF    THE    UNITf:D    STATES. 

constitute  tribunals  inferior  to  the  supreme  coiut : — To  define  and 
punish  piracies  and  felonies  committed  on  the  high  seas,  and  offences 
against  the  law  of  nations  : — To  declare  war,  grant  letters  of  marque 
and  reprisal,  and  make  rules  concerning  captures  on  land  or  wa- 
ter : — To  raise  and  support  armies ;  but  no  appropriation  of  money 
to  that  use  shall  be  for  a  longer  term  than  two  years : — To  provide 
and  maintain  a  navy : — To  make  rules  for  the  government  and 
regulation  of  the  land  and  naval  forces : — To  provide  for  calling 
forth  the  militia  to  execute  the  laws  of  the  Union,  suppress  insm-- 
rections  and  repel  invasions  : — To  provide  for  organizing,  arming 
and  disciplining  the  militia,  and  for  governing  such  part  of  them 
as  may  be  employed  in  the  service  of  the  United  States,  reserving 
to  the  states  respectively,  the  appointment  of  the  officers  and  the 
authority  of  training  the  militia,  according  to  the  discipline  pre- 
scribed by  Congress  : — To  exercise  exclusive  legislation,  in  all  cases 
whatsoever,  over  such  district  (not  exceeding  ten  miles  square)  as 
may,  by  cession  of  particular  states  and  the  acceptance  of  Congress, 
become  the  seat  of  the  government  of  the  United  States,  and  to  exer- 
cise like  authority  over  all  places  purchased  by  the  consent  of  the 
legislatm'e  of  the  state  in  which  the  same  shall  be,  for  the  erection 
of  forts,  magazines,  arsenals,  dock-yards  and  other  needful  build- 
ings : — And  to  make  all  laws  which  shall  be  necessary  and  proper 
for  carrying  into  execution  the  foregoing  powers,  and  all  other  pow- 
ers vested  by  this  constitution  in  the  government  of  the  United 
States,  or  in  any  department  or  office  thereof 

Sec.  9.  The  migration  or  importation  of  such  persons  as  any  of 
the  states  now  existing,  shall  think  proper  to  admit,  shall  not  be 
prohibited  by  the  Congress  prior  to  the  year  one  thousand  eight 
hundred  and  eight ;  but  a  tax  or  duty  may  be  imposed  on  such  im- 
portation, not  exceeding  ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspend- 
ed, unless  when,  in  cases  of  rebellion  or  invasion,  the  public  safety 
may  require  it. 

No  bill  of  attainder,  or  ex  post  facto  law,  shall  be  passed. 

No  capitation  or  other  direct  tax  shall  be  laid,  unless  in  proportion 
to  the  census  or  enumeration  herein  before  directed  to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  state. 
No  preference  shall  be  given  by  any  regulation  of  commerce  or 
revenue,  to  the  ports  of  one  state  over  those  of  another ;  nor  shall 
vessels  bound  to  or  from  one  state  be  obliged  to  enter,  clear  or  pay 
duties  in  another. 

No  money  shall  be  drawn  from  the  treasury,  but  in  consequence 
of  appropriations  made  by  law  ;  and  a  regular  statement  and  ac- 
count of  the  receipts  and  expenditures  of  all  public  money  shall  be 
published  from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United  States ;  and 
no  person   holding  any  office  of  profit   or  trust  under  them,  shall, 


CONSTITUTION    OF    THK    UNITED    STATES.  7 

without  the  consent  of  the  Congress,  accept  of  any  present,  emohi- 
mcnt,  office  or  title  of  any  kind  whatever,  from  any  king,  prince  or 
foreign  state. 

Sec.  10.  No  state  shaH  enter  into  any  treaty,  aUiance,  or  con- 
federation ;  grant  letters  of  marqne  and  reprisal ;  coin  money  ; 
emit  bills  of  credit ;  make  any  thing  but  gold  and  silver  coin  a  ten- 
der in  payment  of  debts  ;  pass  any  bill  of  attainder,  ex  post  facto 
law,  or  law  impairing  the  obligation  of  contracts  ;  or  grant  any  title 
of  nobility. 

No  state  shall,  without  the  consent  of  the  Congress,  lay  any  im- 
posts or  duties  on  imports  or  exports,  except  what  may  be  absolute- 
ly necessary  for  executing  its  inspection  laws ;  and  the  net  produce 
of  all  duties  and  imposts  laid  by  any  state  on  imports  or  exports, 
shall  be  for  the  use  of  the  treasury  of  the  United  States  ;  and  all  such 
laws  shall  be  subject  to  the  revision  and  control  of  the  Congress. 

No  state  shall,  without  the  consent  of  Congress,  lay  any  duty  on 
tonnage,  keep  troops  or  ships  of  war  in  time  of  peace,  enter  into 
any  agreement  or  compact  with  another  state  or  with  a  foreign 
power,  or  engage  in  war-,  unless  actually  invaded  or  in  such  immi- 
nent danger  as  will  not  admit  of  delay. 

ARTICLE  II. 

Section  1.  The  executive  power  shall  be  vested  in  a  President 
of  the  United  States  of  America.  He  shall  hold  his  office  during  the 
term  of  four  years  ;  and  together  with  the  vice-president  chosen 
for  the  same  term,  be  elected  as  follows : 

Each  state  shall  appoint,  in  such  manner  as  the  legislature  thereof 
may  direct,  a  number  of  electors,  equal  to  the  whole  number  of 
senators  and  representatives  to  which  the  state  may  be  entitled  in 
the  Congress  ;  but  no  senator  or  representative,  or  person  holding  an 
office  of  trust  or  profit  under  the  United  States,  shall  be  appointed 
an  elector. 

[The  electors  shall  meet  in  their  respective  states,  and  vote  by 
ballot  for  two  persons  of  whom  one,  at  least,  shall  not  be  an  inhabi- 
tant of  the  same  state  with  themselves.  And  they  shall  make  a  list 
of  all  the  persons  voted  for,  and  the  number  of  votes  for  each  ; 
Avhich  list  they  shall  sign  and  certify,  and  transmit,  sealed,  to  the 
seat  of  the  government  of  the  United  States,  directed  to  the  presi- 
dent of  the  Senate.  The  president  of  the  Senate  shall,  in  the  pre- 
sence of  the  Senate  and  House  of  Representatives,  open  all  the  cer- 
tificates, and  the  votes  shall  then  be  counted.  The  person  having 
the  greatest  number  of  votes  shall  be  the  president,  if  such  number 
be  a  majority  of  the  whole  number  of  electors  appointed  ;  and  if 
there  be  more  than  one  who  have  such  majority,  and  have  an  equal 
mimber  of  votes,  then  the  House  of  Representatives  shall  imme- 
diately choose  by  ballot  one  of  them  for  president ;  and  if  no  per- 


8  CONSTITUTION    OF    TIIi:    UNITED    STATES, 

son  have  a  majority,  then  from  the  five  highest  on  the  list,  the  said 
house  shall  in  like  manner  clioose  the  president.  But  in  choosing 
the  president,  the  votes  shall  be  taken  by  states,  the  representation 
from  each  state  having  one  vote  ;  a  quorum  for  this  purpose  shall 
consist  of  a  member  or  members  from  two  thirds  of  the  states, 
and  a  majority  of  all  the  states  shall  be  necessaiy  to  a  choice.  In 
every  case,  after  the  choice  of  the  president,  the  person  having  the 
greatest  number  of  votes  of  the  electors,  shall  be  the  vice-president. 
But  if  there  should  remain  two  or  more  who  have  equal  votes,  the 
Senate  shall  choose  from  them,  by  ballot,  the  vice-president.*] 

The  Congress  may  determine  the  time  of  choosing  the  electors, 
and  the  day  on  which  they  shall  give  their  votes ;  which  day  shall 
be  the  same  throughout  the  United  States. 

No  person,  except  a  natural  born  citizen,  or  a  citizen  of  the  Uni- 
ted States  at  the  time  of  the  adoption  of  this  constitution,  shall  be 
eligible  to  the  office  of  president ;  neither  shall  any  person  be  eligible 
to  that  office  who  shall  not  have  attained  to  the  age  of  thirty-five 
years,  and  been  fourteen  years  a  resident  within  the  United  States. 

In  case  of  the  removal  of  the  president  from  office,  or  of  his 
death,  resignation  or  inability  to  discharge  the  powers  and  duties 
of  the  said  office,  the  same  shall  devolve  on  the  vice-president  ; 
and  the  Congress  may  by  law  provide  for  the  case  of  removal, 
death,  resignation  or  inability,  both  of  the  president  and  vice-presi- 
dent, declaring  what  officer  shall  then  act  as  president ;  and  such 
officer  shall  act  accordingly,  until  the  disability  be  removed  or  a 
president  shall  be  elected. 

The  president  shall,  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished  dur- 
ing the  period  for  which  he  shall  have  been  elected ;  and  he  shall 
not  receive,  within  that  period,  any  other  emolument  from  the  Uni- 
ted States  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation  : — 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute 
the  office  of  President  of  the  United  States,  and  will,  to  the  best 
of  my  ability,  preserve,  protect  and  defend  the  constitution  of  the 
United  States." 

Sec.  2.  The  president  shall  be  commander-in-chief  of  the  army 
and  navy  of  the  United  States,  and  of  the  militia  of  the  several 
states  when  called  into  the  actual  service  of  the  United  States  : 
he  may  require  the  opinion,  in  writing,  of  the  principal  officer  in 
each  of  the  executive  departments,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices ;  and  he  shall  have  power  to  grant 
reprieves  and  pardons  for  offences  against  the  United  States,  except 
in  cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 

*  See  amendments,  Art  XII. 


CONSTITUTION    OF    THE    UNITED    STATES.  9 

Senate,  to  make  treaties,  provided  two  thirds  of  the  senators  pre- 
sent concur ;  and  he  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  appoint  ambassadors  other  public 
ministers  and  consuls,  judges  of  the  supreme  court  and  all  other 
officers  of  the  United  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law.  But 
the  Congress  may,  by  law,  vest  the  appointment  of  such  inferior 
officers  as  they  think  proper,  in  the  president  alone,  in  the  courts 
of  law,  or  in  the  heads  of  departments. 

The  president  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions 
which  shall  expire  at  the  end  of  their  next  session. 

Sec  3.  He  shall,  from  time  to  time,  give  to  the  Congress  in- 
formation of  the  state  of  the  Union,  and  recommend  to  then*  con- 
sideration such  measures  as  he  shall  judge  necessary  and  expedient  ; 
he  may,  on  extraordinary  occasions,  convene  both  houses  or  either 
of  them,  and  in  case  of  disagreement  between  them  with  respect 
to  the  time  of  adjournment,  he  may  adjourn  them  to  such  time  as 
he  shall  think  proper  ;  he  shall  receive  ambassadors  and  other  public 
ministers  ;  he  shall  take  care  that  the  laws  be  faithfully  executed ; 
and  shall  commission  all  the  officers  of  the  United  States. 

Sec.  4.  The  president,  vice-president  and  all  civil  officers  of 
the  United  States,  shall  be  removed  from  office  on  impeachment 
for,  and  conviction  of,  treason,  bribery  or  other  high  crimes  and 
misdemeanors. 

ARTICLE  III. 

Section  1.  The  judicial  power  of  the  United  States  shall  be  vested 
in  one  supreme  court,  and  in  such  inferior  courts  as  the  Congress 
may  from  time  to  time,  ordain  and  establish.  The  judges,  both 
of  the  supreme  and  inferior  courts,  shall  hold  their  offices  dur- 
ing good  behavior,  and  shall,  at  stated  times,  receive  for  then  ser- 
vices a  compensation  which  shall  not  be  diminished  during  their 
continuance  in  office. 

Sec.  2.  The  judicial  power  shall  extend  to  all  cases  in  law  and 
equity  arising  under  this  constitution,  the  laws  of  the  United 
States,  and  the  treaties  made,  or  which  shall  be  made,  under  their 
authority ;  to  all  cases  affecting  ambassadors,  other  public  ministers 
and  consuls ;  to  all  cases  of  admiralty  and  maritime  jurisdiction ; 
to  controversies  to  which  the  United  States  shall  be  a  party ;  to 
controversies  between  two  or  more  states,  [between  a  state  and 
citizens  of  another  state,*]  between  citizens  of  different  states; 
between  citizens  of  the  same  state  claiming  lands  under  grants  erf 

*  See  amendments,  Art.  XI. 


10        CONSTITUTION  OF  THE  UNITED  STATES. 

different  states,  and  between  a  state,  or  the  citizens  thereof,  and 
foreign  states,  citizens  or  subjects. 

In  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls,  and  those  in  which  a  state  shall  be  a  party,  the  supreme 
court  shall  hav^e  original  jurisdiction.  In  all  the  other  cases  before 
mentioned,  the  supreme  court  shall  have  appellate  jurisdiction,  both 
as  to  law  and  fact,  with  such  exceptions,  and  under  such  regula- 
tions as  the  Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be 
by  jury ;  and  such  trial  shall  be  held  in  the  state  where  the  said 
crimes  shall  have  been  committed ;  but  when  not  committed  with- 
in any  state,  the  trial  shall  be  at  such  place  or  places  as  tlie  Con- 
gress may  by  law  have  directed. 

Sec.  3.  Treason  against  the  United  States  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason, 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or 
on  confession  in  open  court. 

The  Congress  shall  have  power  to  declare  the  punisliment  of 
treason ;  but  no  attainder  of  treason  shall  work  corruption  of  blood, 
or  forfeiture,  except  during  the  life  of  the  person  attainted. 

ARTICLE  IV. 

Section  1.  Full  faith  and  credit  shall  be  given  in  each  state  to  the 
public  acts,  records  and  judicial  proceedings  of  every  other  state. 
And  the  Congress  may  by  general  laws  prescribe  the  manner  in 
which  such  acts,  records  and  proceedings  shall  be  proved,  and  the 
effect  thereof. 

Sec  2.  The  citizens  of  each  state  shall  be  entitled  to  all  privi- 
leges and  immunities  of  citizens  in  the  several  states. 

A  person  charged  in  any  state  with  treason,  felony  or  other 
crime,  who  shall  flee  from  justice  and  be  found  in  another  state, 
shall,  on  demand  of  the  executive  authority  of  the  state  from 
which  he  fled,  be  delivered  up  to  be  removed  to  the  state  having 
jurisdiction  of  the  crime. 

No  person  held  to  service  or  labor  in  one  state,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or 
regulation  therein,  be  discharged  from  such  service  or  labor,  but 
shall  be  delivered  up  on  claim  of  the  party  to  whom  such  service 
or  labor  may  be  due. 

Sec  3.  New  states  may  be  admitted  by  the  Congress  into  this 
Union ;  but  no  new  state  shall  be  formed  or  erected  within  the  ju- 
risdiction of  any  other  state ;  nor  any  state  be  formed  by  the  junc- 
tion of  two  or  more  states,  or  parts  of  states,  without  the  consent 


CONSTITUTION    OF    THE    UNITED    STATES.  H 

of  the  legislature  of  the  states  concerned,  as  well  as  of  the  Con- 
gress. 

The  Congress  shall  have  power  to  dispose  of  and  make  all  need- 
ful rules  and  regulations  respecting  the  territory  or  other  property 
belonging  to  the  United  States ;  and  nothing  in  this  constitution 
shall  be  so  construed  as  to  prejudice  any  claims  of  the  United 
States,  or  of  any  particular  state. 

Sec.  4.  The  United  States  shall  guarantee  to  every  state  in 
this  Union  a  republican  form  of  government,  and  shall  protect  each 
of  them  against  invasion ;  and  on  application  of  the  legislatm'e,  or 
of  the  executive,  (when  the  legislature  camiot  be  convened,) 
asainst  domestic  violence. 


ARTICLE  V. 

The  Congress,  whenever  two  thhds  of  both  houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  constitution,  or  on  the 
application  of  the  legislatures  of  two  thirds  of  the  several  states, 
shall  call  a  convention  for  proposing  amendments,  which,  in  either 
case,  shall  be  valid  to  all  intents  and  purposes,  as  part  of  this  con- 
stitution, when  ratified  by  the  legislatures  of  three  fourths  of  the 
several  states,  or  by  conventions  in  three  fourths  thereof,  as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by  the  Congress  ; 
provided,  that  no  amendments  which  may  be  made  prior  to  the  year 
one  thousand  eight  hundred  and  eight,  shall  in  any  manner  affect 
the  first  and  fourth  clauses  in  the  ninth  section  of  the  first  article  ; 
and  that  no  state,  without  its  consent,  shall  be  deprived  of  its  equal 
sufFraare  in  the  Senate. 


ARTICLE  VL 

All  debts  contracted,  and  engagements  entered  into,  before  the 
adoption  of  this  constitution,  shall  be  as  valid  against  the  United 
States  under  this  constitution,  as  under  the  confederation. 

This  constitution,  and  the  laws  of  the  United  States  which  shall 
be  made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall 
be  made  under  the  authority  of  the  United  States,  shall  be  the  su- 
preme law  of  the  land  ;  and  the  judges  in  every  state  shall  be 
bound  thereby  ;  any  thing  in  the  constitution  or  laws  of  any  state 
to  the  contrary  notwithstanding. 

The  senators  and  representatives  before  mentioned,  and  the 
members  of  the  several  state  legislatm'es,  and  all  executive  and  ju- 
dicial officers,  both  of  the  United  States  and  of  the  several  states, 
shall  be  bound  by  oath  or  affirmation  to  support  this  constitution  ; 
but  no  religious  test  shall  ever  be  required  as  a  qualification  to  any 
office  or  public  trust  under  the  United  States. 


12  CONSTITUTION    OF    THE    UNITED    STATES. 

ARTICLE  VII. 

The  ratification  of  the  conventions  of  nine  states  shaU  be  suffi- 
cient for  the  establishment  of  this  constitution  between  the  states 
so  ratifying  the  same. 

ARTICLES, 

In  addition  to,  and  amendment  of,  the  constitution  of  the  United 
States,  j'atijied  by  the  legislatures  of  the  several  states,  pursuant 
to  the  fifth  article  of  the  original  constitution. 

I.  Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof,  or  abridging  the 
freedom  of  speech,  or  of  the  press,  or  the  right  of  the  people  peace- 
ably to  assemble  and  to  petition  the  government  for  a  redress  of 
grievances. 

II.  A  well  regulated  militia  being  necessary  to  the  security  of  a 
free  state,  the  right  of  the  people  to  keep  and  bear  arms  shall  not 
be  infringed. 

III.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 

IV.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  eftccts,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated,  and  no  warrants  shall  issue,  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  and  particularly  describing  the 
place  to  be  searched,  and  the  persons  or  things  to  be  seized. 

V.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a  grand 
jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia  when  in  actual  service,  in  time  of  war  or  public  danger ; 
nor  shall  any  person  be  subject  for  the  same  offence  to  be  twice 
put  in  jeopardy  of  life  or  limb  ;  nor  shall  be  compelled,  in  any  cri- 
minal case,  to  be  a  witness  against  himself;  nor  be  deprived  of  life, 
liberty  or  property,  Avithout  due  process  of  law ;  nor  shall  private 
property  be  taken  for  public  use  witliout  just  conipensation, 

VI.  In  all  criminal  prosecutions  the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  state  and 
district  wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation  ;  to  be  con- 
fronted with  the  witnesses  against  him ;  to  have  compulsory  process 


CONSTITUTION    OF    THE    UNITED    STATES.  13 

for  obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of 
counsel  in  his  defence. 

YII.  In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  pre- 
served, and  no  fact  tried  by  a  jury,  shall  be  otherwise  re-examined 
in  any  court  of  the  United  States,  than  according  to  the  rules  of 
the  common  law. 

VIII.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

IX.  The  enumeration  in  the  constitution  of  certain  rights,  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the  people. 

X.  The  powers  not  delegated  to  the  United  States  by  the  con- 
stitution, nor  prohibited  by  it  to  the  states,  are  reserved  to  the  states 
respectively,  or  to  the  people. 

XI.  The  judicial  power  of  the  United  States  shall  not  be  con- 
strued to  extend  to  any  suit,  in  law  or  equity,  commenced  or  pros- 
ecuted against  one  of  the  United  States  by  citizens  of  another 
state,  or  by  citizens  or  subjects  of  any  foreign  state. 

XII.  The  electors  shall  meet  in  their  respective  states,  and  vote 
by  ballot  for  president  and  vice-president,  one  of  whom  at  least 
shall  not  be  an  inhabitant  of  the  same  state  with  themselves  ;  they 
shall  name  in  their  ballots  the  person  voted  for  as  president,  and  in 
distinct  ballots  the  person  voted  for  as  vice-president :  and  they 
shall  make  distinct  lists  of  all  persons  voted  for  as  president,  and  of 
all  persons  voted  for  as  vice-president,  and  of  the  number  of  votes 
for  each,  which  lists  they  shall  sign  and  certify,  and  transmit  seal- 
ed to  the  seat  of  the  government  of  the  United  States,  directed  to 
the  president  of  the  Senate  ;  the  president  of  the  Senate  shall,  in 
the  presence  of  the  Senate  and  House  of  Representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted  ;  the  person  hav- 
ing the  greatest  number  of  votes  for  president  shall  be  the  presi- 
dent, if  such  number  be  a  majority  of  the  whole  number  of  elect- 
ors appointed  ;  and  if  no  person  have  such  majority,  then,  from 
the  persons  having  the  highest  numbers,  not  exceeding  three,  on 
the  list  of  those  voted  for  as  president,  the  House  of  Representatives 
shall  choose  immediately,  by  ballot,  the  president ;  but  in  choosing 
the  president,  the  votes  shall  be  taken  by  states,  the  representation 
from  each  state  having  one  vote  ;  a  quorum  for  this  purpose  shall 
consist  of  a  member  oi  members  from  two  thirds  of  the  states,  and 
a  majority  of  all  the  states  shall  be  necessary  to  a  choice  ;  and  if 
the  Hous&-  of  Representatives  shall  not  choose  a  president,  when- 
ever the  right  of  choice  shall  devolve  upon  thenij  before  the  fourth 


14  CONSTITUTION    OF    THE    UNITED   STATES. 

day  of  March  next  following,  then  the  vice-president  shall  act  as 
president;  as  in  case  of  the  death,  or  other  constitutional  disability 
of  the  president. 

The  pei-son,  having  the  greatest  number  of  votes  as  vice-presi- 
dent, shall  be  the  vice-president,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed,  and  if  no  person  have  a 
majority,  then,  from  the  two  highest  numbers  on  the  list,  the  Sen- 
ate shall  choose  the  vice-president ;  a  quorum  for  the  purpose  shall 
consist  of  two  thirds  of  the  whole  number  of  senators,  and  a  ma- 
jority of  the  whole  number  shall  be  necessary  to  a  choice. 

But  no  person  constitutionally  ineligible  to  the  office  of  president, 
shall  be  eligible  to  that  of  vice-president  of  the  United  States. 


CONSTITUTION 


OP 


NEW    HAMPSHIRE. 


APPROVED  BY  THE  PEOPLE,  AND  ESTABLISHED  BY  CONVENTION,  FIFTH 
OF  SEPTEMBER,*  1792. 


PART  FIRST. 


BILL    OF    RIGHTS. 


ARTictE  1.  All  men  born  free  ;  all  gov- 
ernment originates  from  the  people. 

Art.  2.  Natural  rights  of  men. 

Aet.  3.  Natural  rights  when  surrendered. 

Art.  4.  Some  rights  unalienable,  as  those 
of  conscience. 

Art.  5.  Religious  freedom  recognized. 

Art.  6.  The  support  of  the  ministry. 

Art.  7.  Sovereignty  of  the  state. 

Art.  8.  All  ofBcers  are  servants  of  the 
people. 

Art.  9.  No  office  to  be  hereditary. 

Art.  10.  Government  for  the  benefit  and 
under  the  control  of  the  people. 

Art.  11.  Freedom  of  elections. 

Art.  12.  Rights  and  duties  of  citizens. — 
Property  taken  for  public  uses. — Laws 
when  binding. 

Art.  13.  Exemption  from  bearing  arms. 

Art.  14.  Every  person  ought  to  find  a 
certain  and  speedy  remedy  at  law. 

Art.  15.  Rights  of  persons  prosecuted  for 
crime. 

Art.  16.  No  person  to  be  tried  after  ac- 


quittal for  the  same  oflience,  nor  for  a 
capital  offence  except  by  a  jury. 

Art.  17.  Trial  to  be  in  the  county  where 
offence  committed. 

Art.  18.  Penalties  to  be  proportioned  to 
offences. 

Art.  19.  Regulation  of  search  and  seizure. 

Art.  20.  Trial  by  jury  regulated. 

Art.  21.  Jurors  to  be  carefully  selected 
and  fully  paid. 

Art.  22.  The  liberty  of  the  press. 

Art.  23.  Retrospective  laws  prohibited. 

Art.  24.  Importance  of  the  militia. 

Art.  25.  Standing  armies  dangerous. 

Art.  26.  The  military  subject  to  the  civil 
power. 

Art.  27.  Soldiers  how  quartered. 

Art.  28.  All  taxes  to  be  levied  by  the  peo- 
ple. 

Art.  29.  Laws  suspended  by  the  legisla- 
ture only. 

Art.  30.   Freedom  of  speech  and  debate. 

Art.  31.  Object  of  the  assembly  of  the 
legislature. 

Art.  32.  Right  of  the  people  to  assemble. 

Art'.  33.  Excessive  bail  and  fines  and 
cruel  punishments  forbidden. 


*  The  former   constitution  having  been  approved   by  the  people,  was  established 
by  convention,  31st  October,  1783,  and  took  effect  on  the  first  Wednesday  of  June, 

1784. 


16 


CONSTITUTION    OF    NEW    HAMPSHIRE. 


Art.  34.  Martial  law  when  exercised. 

Art.  35.  The  judiciary  system. 

Art.  36.  Economy  enjoined. 

Art.  37.  The  executive,  legislative  and 
judicial  powers  to  be  kept  separate. 

Art.  3B.  Recurrence  to  fundamental  prin- 
ciples. 

PART  SECOND. 

FORM    OF    GOVERNMENT. 

1.  Declaration  of  sovereignty. 

GENERAL  COURT. 

2.  Legislative  power,  how  vested. 

3.  Meeting  of  the  legislature. 

4.  Power  to  constitute  courts. 

5.  Power  to  establish  laws. 

6.  Valuation  when  and  how  taken. 

7.  No  member  to  be  of  counsel. 

8.  Doors  of  galleries  to  be  open. 

HOUSE    OF    REPRESENTATIVES, 

9.  Representation  to  be  equal. 

10.  Towns  may  be  classed. 

11.  Special  authority  may  be  given. 

12.  Election  to  be  held  in  March. 

13.  Qualification  of  voters. 

14.  Qualifications  of  representatives. 

15.  Members  to  be  paid. 

16.  Vacancies,  how  filled. 

17.  Power  of  impeachment. 

IS.  Money  bills  to  originate  in  house. 

19.  Power  to  adjourn. 

20.  What  is  a  quorum. 

21.  Exemption  from  arrest. 

22.  House  to  be  judge  of  its  own  pro- 
ceedings. 

23.  Imprisonment  for  contempt. 

24.  Journals  and  laws  to  be  published. — 
Yeas  and  nays  and  protest  entered  on 
journal. 

SENATE. 

25.  Senate,  how  constituted. 

26.  Senatorial  districts  made. 

27.  Election  to  be  held  in  March. 

28.  Mode  of  election. 

29.  Qualifications  of  senators. 

30.  Who  is  an  inhabitant. 

31.  Rights  of  inhabitants  of  places. 


32.  Mode  of  conducting  elections. 

33.  Votes  how  examined,  and  senators  no- 
tified. 

34.  Vacancies  how  filled. 

35.  Senate  to  be  judges  of  their  own  re- 
turns. 

36.  Power  to  adjourn. 

37.  Mode  of  proceeding  and  quorum. 

38.  To  be  a  court  to  try  impeachments. 

39.  Power  of  punishment. 

40.  When  the  governor  is  impeached 

EXECUTIVE  POWER. 

GOVERNOR. 

41.  Title  of  the  governor. 

42.  Governor,  how  chosen. 

43.  Governor  may  adjourn  legislature,  or 
alter  place  of  session. 

44.  Laws  to  be  approved  by  him. 

45.  Picsolves  to  be  approved  by  him. 

46.  OSicers  to  be  appointed  by  the  execu- 
tive. 

47.  Appointments^  how  made. 

48.  Captains,  &c.  how  commissioned. 

49.  Vacancy  in  office,  how  supplied. 

50.  Governor  may  prorogue   the  legisla- 
ture. 

51.  Governor  to  be  commander-in-chief. 

52.  Power  of  pardon. 

53.  Removal  of  officers  on  address. 

54.  Military  officers,  how  appointed. 

55.  Division  of  the  militia  regulated. 

56.  Money,  how  drawn  from  the  treasury. 

57.  Account  of  public  property  rendered. 

58.  Compensation  of  governor  and  council. 

59.  Judures  to  have  permanent  salaries. 

COUNCIL. 

60.  Five  counsellors  to  be  elected. 

61.  Election,  how  determined. 

62.  Vacancy,  how  filled. 

63.  Members  may  be  impeached. 

64.  Records  of  proceedings  kept. 

65.  Council  districts  regulated. 

66.  Elections,  when  completed 

SECRETARY,  TREASURER,  COMMISSA- 
RY   GENERAL,   &C. 

67.  Officers,  how  chosen. 

68.  Duty  of  secretary. 


CONSTITUTION    OF    NEW    HAMPSHIRE. 


17 


69.  Secretary  to  have  deputy. 

70.  Secretary  to  give  bond 

COUNTY    TREASURER,   «fcC. 

71.  To  be  elected  by  the  people. 

72.  Counties  may  be  divided. 

JUDICIARY    POWER. 

73.  Tenure  of  office. 

74.  Opinion  of  S.  J.  C.  may  be  required. 

75.  Judge  may  be  removed. 

76.  Jurisdiction   of    divorce,   probate  ap- 
peals, &c. 

77.  Jurisdiction  of  justices  of  the  peace. 

78.  Term  of  office  ceases  at  70. 

79.  Judge  not  to  be  of  counsel. 

80.  Probate  jurisdiction. 

81.  Judge  nor  register  to  be  of  counsel. 

CLERKS    OF    COURTS. 

82.  Appointment  and  duties  of  clerks. 

ENCOURAGEMENT  OF  LEARNING,  &C. 

83.  Encouragement  of  learning. 


OATHS,   WRITS,   AND     GENERAL    PRO- 
VISIONS, 

84.  Oaths  of  office,  form,  &c. 

85.  Oaths,  by  whom  administered. 

86.  Form  of  commissions. 

87.  Form  and  requisites  of  writs. 

88.  Conclusion  of  indictments. 

89.  No  deodand  or  forfeiture  allowed. 

90.  Common  law  in  force. 

91.  Privilege  of  habeas  corpus. 

92.  Enacting  style  declared. 

93.  Governor   or  judge  to  hold   no  other 
office. 

94.  Offices  which  are  incompatible. 

95.  Officers  which  are  incompatible. 

96.  Bribery  excludes  from  office. 

97.  Computation  of  money. 

98.  When  constitution  to  take  effect. 

99.  Revision  of  the  constitution. 

100.  Sense  of  the  people  to  be  taken  every 
7  years. 

101.  Constitution  to  be  enrolled,  and  pub- 
lished with  each  edition  of  the  lawsj 


PART    FIRST 


BILL   OF   RIGHTS. 

Article  1.  All  men  are  born  equally  free  and  independent ,' 
therefore,  all  government  of  right  originates  from  the  people,  is 
founded  in  consent  and  instituted  for  the  general  good. 

2.  All  men  have  certain  natural,  essential  and  inherent  rights ; 
among  which  are,  the  enjoying  and  defending  life  and  liberty — 
acquiring,  possessing  and  protecting  property — and  in  a  word,  of 
seeking  and  obtaining  happiness* 

3.  When  men  enter  into  a  state  of  society,  they  surrender  up 
some  of  their  natm-al  rights  to  that  society,  in  order  to  ensure  the 
protection  of  others ;  and  without  such  an  equivalent  the  surrender 
is  void. 

4.  Among  the  natural  rights,  some  are  in  their  very  nature  un- 
alienable, because  no  equivalent  can  be  given  or  received  for  them. 
Of  this  kind  are  the  Rights  of  Conscience. 

5.  Every  individual  has  a  natural  and  unalienable  right  to  wor- 
ship God  according  to  the  dictates  of  his  own  conscience  and  rea- 

3 


18  CONSTITUTION    OF    NEW    HAMPSHIRE. 

son ;  and  no  subject  shall  be  hurt,  molested  or  restrained  in  his 
person,  liberty  or  estate,  for  worshipping  God  in  the  manner  and 
season  most  agreeable  to  the  dictates  of  his  own  conscience,  or  for 
his  religious  profession,  sentiments  or  persuasion  ;  provided  he  doth 
not  disturb  the  public  peace  or  disturb  others  in  their  religious 
worship. 

6.  As  morality  and  piety  rightly  groiuided  on  evangelical  prin- 
ciples, will  give  the  best  and  greatest  security  to  government,  and 
will  lay  in  the  hearts  of  men  the  strongest  obligations  to  due  sub- 
jection ;  and  as  the  knowledge  of  these  is  most  likely  to  be  propa- 
gated through  a  society  by  the  institution  of  the  public  worship  of 
the  Deity,  and  of  public  instruction  in  morality  and  religion  ;  there- 
fore, to  promote  those  important  purposes,  the  people  of  this  state 
have  a  right  to  empower,  and  do  hereby  fully  empower  the  legisla- 
ture to  authorize  from  time  to  time  the  several  towns,  parishes,  bo- 
dies corporate,  or  religious  societies  within  this  state,  to  make  ade- 
quate provision,  at  their  ov/n  expense,  for  the  support  and  mainte- 
nance of  public  protestant  teachers  of  piety,  religion  and  morality  : 

Provided  notwithstanding,  That  the  several  towns,  parishes,  bo- 
dies corporate,  or  religious  societies,  shall  at  all  times  have  the  ex- 
clusive right  of  electing  their  own  public  teachers,  and  of  con- 
tracting with  them  for  their  support  and  mainteuance.  And  no 
person  of  any  one  particular  religious  sect  or  denomination,  shall 
ever  be  compelled  to  pay  towards  the  support  of  the  teacher  or 
teachers  of  another  persuasion,  sect  or  denomination. 

And  every  denomination  of  Christians  demeaning  themselves 
quietly,  and  as  good  subjects  of  the  state,  shall  be  equally  under 
the  protection  of  the  law ;  and  no  subordination  of  any  one  sect 
or  denomination  to  another  shall  ever  be  established  by  law. 

And  nothing  herein  shall  be  understood  to  affect  any  former  con- 
tracts made  for  the  support  of  the  ministry ;  but  all  such  contracts 
shall  remain,  and  be  in  the  same  state  as  if  this  constitution  had 
not  been  made. 

7.  The  people  of  this  state  have  the  sole  and  exclusive  right 
of  governing  themselves  as  a  free,  sovereign  and  independent  state, 
and  do,  and  forever  hereafter  shall  exercise  and  enjoy  every  power, 
jurisdiction  and  right  pertaining  thereto,  which  is  not  or  may  not 
hereafter  be  by  them  expressly  delegated  to  the  United  States  of 
America  in  Congress  assembled. 

8.  All  power  residing  originally  in,  and  being  derived  from  the 
people,  all  the  magistrates  and  oificers  of  government  are  their  sub- 
stitutes and  agents,  and  at  all  times  accoimtable  to  them. 

9.  No  office  or  place  whatsoever  in  government  shall  be  hered- 
itary— the  abilities  and  integrity  requisite  in  all  not  being  transmis- 
sible to  posterity  or  relations. 


CONSTITUTION    OF    NEW    HAMPSHIRE.  19 

10.  Government  being  instituted  for  the  common  benefit,  pro- 
tection and  security  of  the  whole  community,  and  not  for  the  pri- 
vate interest  or  emokiment  of  any  one  man,  family  or  class  of 
men ;  therefore  whenever  the  ends  of  government  are  perverted, 
and  public  liberty  manifestly  endangered,  and  all  other  means  of 
redress  are  ineffectual,  the  people  may  and  of  right  ought  to  reform 
the  old  or  establish  a  new  government.  The  doctrine  of  non- 
resistance  against  arbitrary  power  and  oppression,  is  absurd,  slavish 
and  destructive  of  the  good  and  happiness  of  mankind. 

11.  All  elections  ought  to  be  free,  and  every  inhabitant  of  the 
state  having  the  proper  qualifications,  has  equal  right  to  elect  and 
be  elected  into  office. 

12.  Every  member  of  the  community  has  a  right  to  be  protect- 
ed by  it  in  the  enjoyment  of  his  life,  liberty  and  property ;  he  is 
therefore  bound  to  contribute  his  share  in  the  expense  of  such  pro- 
tection, and  to  yield  his  personal  service  when  necessary,  or  an 
equivalent.  But  no  part  of  a  man's  property  sliall  be  taken  from 
him,  or  applied  to  public  uses,  without  his  own  consent,  or  that  of 
the  representative  body  of  the  people.  Nor  are  the  inhabitants  of 
this  state  controllable  by  any  other  laws  than  those  to  which  they, 
or  their  representative  body,  have  given  their  consent. 

13.  No  person  who  is  conscientiously  scrupulous  about  the 
lawfulness  of  bearing  arms,  shall  be  compelled  thereto,  provided  he 
will  pay  an  equivalent. 

14.  Every  subject  of  this  state  is  entitled  to  a  certain  remedy, 
by  having  recourse  to  the  laws,  for  all  injuries  he  may  receive  in  his 
person,  property  or  character,  to  obtain  right  and  justice  free- 
ly, without  being  obliged  to  pm'chase  it ;  completely,  and  without 
any  denial ;  promptly,  and  without  any  delay ;  conformably  to  the 
laws. 

15.  No  subject  .shall  be  held  to  answer  for  any  crime  or  offence, 
until  the  same  is  fully  and  plainly,  substantially  and  formally  descri- 
bed to  him ;  or  be  compelled  to  accuse  or  furnish  evidence  against 
himself.  And  every  subject  shall  have  a  right  to  produce  all  proofs 
that  maybe  favorable  to  himself:  to  meet  the  witnesses  against  him 
face  to  face,  and  to  be  fully  heard  in  his  defence  by  himself  and 
counsel.  And  no  subject  shall  be  arrested,  imprisoned,  despoiled, 
or  deprived  of  his  property,  immunities  or  privileges,  put  out  of 
the  protection  of  the  law,  exiled  or  deprived  of  his  life,  liberty  or 
estate,  but  by  the  judgment  of  his  peers  or  the  law  of  the  land. 

16.  No  subject  shall  be  liable  to  be  tried,  after  an  acquittal,  for 
the  same  crime  or  offence.     Nor  shall  the  legislature  make  any  law 


20  CONSTlTUTlOiV    OF    NEW    HAMPSHIRE. 

that  shall  subject  any  person  to  a  capital  punishment,  (excepting  for 
the  government  of  the  army  and  navy,  and  the  militia  in  actual 
service,)  without  trial  by  jury. 

17.  In  criminal  prosecutions,  the  trial  of  facts  in  the  vicinity 
Avhere  they  happen,  is  so  essential  to  the  security  of  the  life,  liber- 
ty and  estate  of  the  citizen,  that  no  crime  or  offence  ought  to  be 
tried  in  any  other  county  than  that  in  which  it  is  committed ;  ex- 
cept in  cases  of  general  insurrection  in  any  particular  county,  when 
it  shall  appear  to  the  judges  of  the  superior  court  that  an  impartial 
trial  cannot  be  had  in  the  county  where  the  ofience  may  be  com- 
mitted, and  upon  their  report,  the  legislature  shall  think  proper  to 
direct  the  trial  in  the  nearest  county  in  which  an  impartial  trial  can 
be  obtained. 

18.  All  penalties  ought  to  be  proportioned  to  the  nature  of  the 
offence.  No  wise  legislature  will  affix  the  same  punishment  to  the 
crimes  of  theft,  forgery  and  the  like,  which  they  do  to  those  of 
murder  and  treason ;  Avhere  the  same  undistinguishing  severity  is 
exerted  against  all  offences,  the  people  are  led  to  forget  the  real  dis- 
tinction in  the  crimes  themselves,  and  to  commit  the  most  flagrant 
with  as  little  compunction  as  they  do  the  lightest  offences :  for  the 
same  reason  a  multitude  of  sanguinary  laws  is  both  impolitic  and 
unjust.  The  true  design  of  all  punishments  being  to  reform,  not 
to  exterminate  mankind. 

19.  Every  subject  hath  a  right  to  be  secure  from  all  unreasona- 
ble searches  and  seizures  of  his  person,  his  houses,  his  papers  and 
all  his  possessions.  Therefore,  all  warrants  to  search  suspected 
places,  or  arrest  a  person  for  examination  or  trial,  in  prosecutions  for 
criminal  matters,  are  contrary  to  this  right,  if  the  cause  or  founda- 
tion of  them  be  not  previously  supported  by  oath  or  affirmation  ; 
and  if  the  order  in  a  warrant  to  a  civil  officer,  to  make  search  in 
suspected  places,  or  to  arrest  one  or  more  suspected  persons,  or  to 
seize  their  property,  be  not  accompanied  with  a  special  designation 
of  the  persons  or  objects  of  search,  arrest  or  seizure ;  and  no  war- 
rant ought  to  be  issued  but  in  cases,  and  Avith  the  formalities  pre- 
scribed  by  law. 

20.  In  all  controversies  concerning  property,  and  in  all  suits  be- 
tween two  or  more  persons,  except  in  cases  in  Mdiich  it  has  been 
heretofore  otherwise  used  and  practiced,  the  parties  have  a  right  to 
a  trial  by  jury;  and  this  method  of  procedure  shall  be  held  sacred, 
unless  in  cases  arising  on  the  high  seas,  and  such  as  relates  to  mar- 
iners' wages,  the  legislature  shall  think  it  necessary  hereafter  to 
alter  it. 

21.  Tn  order  to  reap  the  fullest  advantage  of  the  inestimable 
privilege  of  the  trial   by  jury,  great  care  ought  to  be  taken  that 


COrsSTlTUTION    OF    NEW    HAMPSHIRE,  21 

M!  ne  but  qualified  persons  should  be  appointed  to  serve  ;  and  such 
ought  to  [be]  fully  compensated  for  their  travel,  time  and  attendance. 

22.  The  LIBERTY  OF  THE  PRESS  is  csseutial  to  the  security  of 
freedom  in  a  state ;  it  ought,  therefore,  to  be  inviolably  preserved. 

23.  Retrospective  laws  are  highly  injurious,  oppressive  and  un- 
just. No  such  laws,  therefore,  should  be  made,  either  for  the  decis- 
ion of  civil  causes  or  the  punishment  of  offences. 

24.  A  well  regulated  militia  is  the  proper,  natural  and  sure  de- 
fence of  a  state. 

25.  Standing  armies  are  dangerous  to  liberty,  and  ought  not  to 
be  raised  or  kept  up  without  the  consent  of  the  legislatm'e. 

26.  In  all  cases,  and  at  all  times,  the  military  ought  to  be  im- 
der  strict  subordination  to,  and  governed  by  the  civil  power. 

27.  No  soldier  in  time  of  peace  shall  be  quartered  in  any  house 
without  the  consent  of  the  owner ;  and  in  time  of  war,  such  quar- 
ters ought  not  to  be  made  but  by  the  civil  magistrate,  in  a  manner 
ordained  by  the  legislature. 

28.  No  subsidy,  charge,  tax,  impost  or  duty  shall  be  establish- 
ed, fixed,  laid  or  levied,  under  any  pretext  whatsoever,  without  the 
consent  of  the  people,  or  their  representatives  in  the  legislature,  or 
authority  derived  from  that  body. 

29.  The  power  of  suspending  the  laws,  or  the  execution  of 
them,  ought  never  to  be  exercised  but  by  the  legislature,  or  by  au- 
thority derived  therefrom,  to  be  exercised  in  such  particular  cases 
only  as  the  legislatin-e  shall  expressly  provide  for. 

30.  The  freedom  of  deliberation,  speech  and  debate,  in  either 
house  of  the  legislature,  is  so  essential  to  the  rights  of  the  people, 
that  it  cannot  be  the  foundation  of  any  action,  complaint  or  prose- 
cution in  any  other  court  or  place  whatsoever. 

31.  The  legislature  shall  assemble  for  the  redress  of  public 
grievances,  and  for  making  such  laws  as  the  public  good  may  re- 
quire. 

82.  The  people  have  a  right,  in  an  orderly  and  peaceable  man- 
ner, to  assemble  and  consult  upon  the  common  good,  give  in- 
structions to  their  representatives,  and  to  request  of  the  legislative 
body,  by  way  of  petition  or  remonstrance,  redress  of  the  wrongs 
done  them,  and  of  tlie  grievances  they  sutler. 


22  CONSTITUTION    OF    NEW    HAMPSHIRE. 

33.  No  magistrate  or  court  of  law  shall  demand  excessive  bail 
or  sm-eties,  impose  excessive  fines,  or  inflict  cruel  or  unusual  pun- 
ishments. 

34.  No  person  can  in  any  case  be  subjected  to  law  martial,  or 
to  any  pains  or  penalties  by  virtue  of  that  law,  except  those 
employed  in  the  army  or  navy,  and  except  the  militia  in  actual  ser- 
vice, but  by  authority  of  the  legislature. 

35.  It  is  essential  to  the  preservation  of  the  rights  of  every  in- 
dividual, his  life,  liberty,  property  and  character,  that  there  be  an 
impartial  interpretation  of  the  laws,  and  administration  of  justice. 
It  is  the  right  of  every  citizen  to  be  tried  by  judges  as  impartial  as 
the  lot  of  humanity  will  admit.  It  is  therefore  not  only  the  best 
policy,  but  for  the  security  of  the  rights  of  the  people,  that  the 
judges  of  the  supreme  judicial  court  should  hold  their  offices  so  long 
as  they  behave  well ;  subject,  however,  to  such  limitations  on  ac- 
count of  age,  as  may  be  provided  by  the  constitution  of  the  state  ; 
and  that  they  should  have  honorable  salaries,  ascertained  and  esta- 
blished by  standing  laws. 

36.  Economy  being  a  most  essential  virtue  in  all  states,  especi- 
ally in  a  young  one,  no  pension  shall  be  granted  but  in  considera- 
tion of  actual  services,  and  such  pensions  ought  to  be  granted  with 
great  caution  by  the  legislature,  and  never  for  more  than  one  year 
at  a  time. 

37.  In  the  government  of  this  state,  the  three  essential  powers 
thereof,  to  wit ;  the  legislative,  executive  and  judicial ;  ought  to  be 
kept  as  separate  from  and  independent  of  each  other,  as  the  nature 
of  a  free  government  will  admit,  or  as  is  consistent  with  that  chain 
of  connection  that  binds  the  whole  fabric  of  the  constitution  in  one 
indissoluble  bond  of  union  and  amity. 

38.  A  frequent  recurrence  to  the  fundamental  principles  of  the 
constitution,  and  a  constant  adherence  to  justice,  moderation,  tem- 
perance, industry,  frugality  and  all  the  social  virtues,  are  indispensa- 
bly necessary  to  preserve  the  blessings  of  liberty  and  good  govern- 
ment ;  the  people  ought,  therefore,  to  have  a  particular  regard  to  all 
those  principles  in  the  choice  of  their  officers  and  representatives : 
And  they  have  a  right  to  require  of  their  lawgivers  and  magis- 
trates, an  exact  and  constant  observance  of  them  in  the  formation 
and  execution  of  the  laws  necessary  for  the  good  administration  of 
government. 


CONSTITUTION     OF     NEW     HAMPSHIRE.  23 


PART    SECOND. 


FORM    OF    GOVERNMENT. 

1.  The  people  inhabiting  the  territory  formerly  called  the  Prov- 
ince of  New  Hampshire,  do  hereby  solemnly  and  mntnally  agree 
with  each  other  to  form  themselves  into  a  free,  sovereign  and  in- 
dependent body  politic,  or  state,  by  the  name  of  the  State  of 
New  Hampshire. 

GENERAL  COURT. 

2.  The  supreme  legislative  poAver  within  this  state  shall  be  vest- 
ed in  the  Senate  and  House  of  Representatives,  each  of  which  shall 
have  a  negative  on  the  other. 

3.  The  Senate  and  House  shall  assemble  every  year  ori  the  first 
Wednesday  of  June,  and  at  such  other  times  as  they  may  judge 
necessary  ;  and  shall  dissolve  and  be  dissolved  seven  days  next  pre- 
ceding the  said  first  Wednesday  of  June,  and  shall  be  styled  the 
General  Court  of  New  Hampshire. 

4.  The  general  court  shall  forever  have  full  power  and  authority 
to  erect  and  constitute  judicatories  and  courts  of  record,  or  other 
courts,  to  be  hoi  den  in  the  name  of  the  state,  for  the  heai'ing,  try- 
ing and  determining  all  manner  of  crimes,  offences,  pleas,  processes, 
plaints,  actions,  causes,  matters  and  things  whatsoever  arising  or 
happening  within  this  state,  or  between  or  concerning  persons  in- 
habiting or  residing  or  brought  within  the  same,  whether  the  same 
be  criminal  or  civil,  or  whether  the  crimes  be  capital  or  not  capital, 
and  whether  the  said  pleas  be  real,  personal  or  mixed ;  and  for  the 
awarding  and  issuing  execution  thereon.  To  which  courts  and  ju- 
dicatories are  hereby  given  and  granted  full  power  and  authority, 
from  time  to  time,  to  administer  oaths  or  afiirmations,  for  the  better 
discovery  of  truth  in  any  matter  in  controversy,  or  depending  be- 
fore them. 

5.  And  farther,  full  power  and  authority  are  hereby  given  and 
granted  to  the  said  general  court,  from  time  to  time,  to  make,  ordain 
and  establish  all  manner  of  wholesome  and  reasonable  orders,  laws, 
statutes,  ordinances,  directions  and  instructions,  either  with  penalties 
or  without ;  so  as  the  same  be  not  repugnant  or  contrary  to  this 
constitution ;  as  they  may  judge  for  the  benefit  and  Avelfare  of  this 
state,  and  for  the  governing  and  ordering  thereof,  and  of  the  sub- 
jects of  the  same,  for  the  necessary  support  and  defence  of  the  gov- 
ernment thereof ;  and  to  name  and  settle  annually,  or  provide  by 


24  COiNSTITUTION     OF     NEW     HAMPSHIRE. 

fixed  laws,  for  Ihc  naming  and  settling  all  civil  officers  within  this 
state  ;  siicli  officers  excepted,  the  election  and  appointment  of  whom 
are  hereafter  in  this  form  of  government  otherwise  provided  for ; 
and  to  set  fortli  the  several  duties,  powers  and  limits  of  the  several 
civil  and  military  olficers  of  this  state,  and  the  forms  of  such  oaths 
or  affirmations,  as  shall  be  respectively  administered  unto  them  for 
the  execution  of  their  several  offices  and  places,  so  as  the  same  be 
not  repugnant  or  contrary  to  this  constitution ;  and  also  to  impose 
fines,  mulcts,  imprisonments  and  other  punishments  ;  and  to  impose 
and  levy  pro2:>ortional  and  reasonable  assessments,  rates  and  taxes 
upon  all  the  inhabitants  of  and  residents  within  the  said  state,  and 
upon  all  estates  within  the  same  ;  to  be  issued  and  disposed  of  by 
warrant  under  the  hand  of  the  governor  of  this  state  for  the  time 
being,  with  the  advice  and  consent  of  the  council,  for  the  public 
service,  in  the  necessary  defence  and  support  of  the  government  of 
this  state,  and  the  protection  and  preservation  of  the  subjects  there- 
of, according  to  such  acts  as  arc,  or  shall  be  in  force  within  the 
same. 

6.  And  while  the  public  charges  of  government  or  any  part 
thereof,  shall  be  assessed  on  polls  and  estates  in  the  manner  that 
has  heretofore  been  practiced ;  in  order  that  such  assessments  may 
be  made  with  equality,  there  shall  be  a  valuation  of  the  estates 
within  the  state  taken  anew  once  in  every  five  years  at  least,  and 
as  much  oftener  as  the  general  court  shall  order. 

7.  No  member  of  the  general  court  shall  take  fees,  be  of  counsel, 
or  act  as  advocate  in  any  cause  before  either  branch  of  the  legisla- 
ture ;  and  upon  due  proof  thereof,  such  member  shall  forfeit  his 
seat  in  the  legislature. 

8.  The  doors  of  the  galleries  of  each  house  of  the  legislature 
shall  be  kept  open  to  all  persons  who  behave  decently,  except  Avhen 
the  welfare  of  the  state,  in  the  opinion  of  either  branch,  shall  re- 
quire secrecy. 

HOUSE  OF  REPRESENTATIVES. 

9.  There  shall  be  in  the  legislatiu-e  of  this  state,  a  representation 
of  the  people  annually  elected  and  founded  upon  principles  of  equality; 
and  in  order  that  such  representation  may  be  as  equal  as  circumstances 
will  admit,  every  town,  parish  or  place  entitled  to  town  privileges, 
having  one  hundred  and  fifty  ratable  male  polls  of  twenty-one 
years  of  age  and  upwards,  may  elect  one  representative ;  if  four 
hundred  and  fifty  ratable  polls,  may  elect  two  representatives  ;  and 
so  proceeding  in  that  proportion,  making  three  hundi-ed  such  rata- 
ble polls  the  mean  increasing  number  for  every  additional  represen- 
tative. 


CONSTITUTION    OF    NEW    HAMPSHIRE.  25 

10.  Such  towns,  parishes  or  places  as  have  less  than  one  hundred 
and  fifty  ratable  polls,  shall  be  classed  by  the  general  court  for  the 
purpose  of  choosing  a  representative,  and  seasonably  notified  there- 
of. And  in  every  class  formed  for  the  above  mentioned  purpose, 
the  first  annual  meeting  shall  be  held  in  the  town,  parish  or  place 
wherein  most  of  the  ratable  polls  reside  ;  and  afterwards  in  that 
which  has  the  next  highest  number,  and  so  on  annually  by  rota- 
tion, through  the  several  towns,  parishes  or  places  forming  the  dis 
trict. 

11.  Whenever  any  town,  parish,  or  place  entitled  to  town  privi- 
leges as  aforesaid,  shall  not  have  one  hundred  and  fifty  ratable  polls, 
and  be  so  situated  as  to  render  the  classing  thereof  with  any  other 
town,  parish  or  place  very  inconvenient,  the  general  court  may, 
upon  application  of  a  majority  of  the  voters  in  such  town,  paiish  or 
place,  issue  a  writ  for  their  electing  and  sending  a  representative  to 
the  general  court. 

12.  The  members  of  the  House  of  Representatives  shall  be 
chosen  annually  in  the  month  of  March,  and  shall  be  the  second 
branch  of  the  legislature. 

13.  AH  persons  qualified  to  vote  in  the  election  of  senators,  shall 
be  entitled  to  vote  within  the  district  where  they  dwell,  in  the 
choice  of  representatives. 

14.  Every  member  of  the  House  of  Representatives  shall  be  cho- 
sen by  ballot ;  and  for  two  years  at  least  next  preceding  his  election, 
shall  have  been  an  inhabitant  of  this  state,  shall  have  an  estate 
within  the  district  which  he  may  be  chosen  to  represent,  of  the 
value  of  one  hundred  pounds,  one  half  of  which  to  be  a  freehold, 
whereof  he  is  seized  in  his  own  right ;  shall  be  at  the  time  of  his 
election  an  inhabitant  of  the  town,  parish  or  place  he  may  be  cho- 
sen to  represent ;  shall  be  of  the  protestant  religion,  and  shall  cease 
to  represent  such  town,  parish  or  place  immediately  on  his  ceasing 
to  be  qualified  as  aforesaid. 

15.  The  members  of  both  houses  of  the  legislature  shall  be  com- 
pensated for  their  services  out  of  the  treasury  of  the  state,  by  a  law 
made  for  that  purpose ;  such  members  attending  seasonably,  and 
not  departing  without  license. 

16.  All  intermediate  vacancies  in  the  House  of  Representatives 
may  be  filled  up  from  time  to  time,  in  the  same  manner  as  annual 
elections  are  made. 

17.  The  House  of  Representatives  shall  be  the  grand  inquest  of 
the  state,  and  all  impeachments  made  by  them,  shall  be  heard  and 
tried  by  the  Senate. 

4 


26  CONSTITUTION    OF    NEW    HAMPSHIRE. 

18.  All  money  bills  shall  originate  in  the  House  of  Representa- 
tives, but  the  Senate  may  propose  or  concur  with  amendments  as 
on  other  bills. 

19.  The  House  of  Representatives  shall  have  power  to  adjourn 
themselves,  but  no  longer  than  two  days  at  a  time. 

20.  A  majority  of  the  members  of  the  House  of  Representatives 
shall  be  a  quorum  for  doing  business :  But  when  less  than  two 
thirds  of  the  representatives  elected  shall  be  present,  the  assent  of 
two  thirds  of  those  members  shall  be  necessary  to  render  their  acts 
and  proceedings  valid. 

21.  No  member  of  the  House  of  Representatives  or  Senate,  shall 
be  arrested  or  held  to  bail  on  mesne  process,  dining  his  going  to, 
returning  from,  or  attendance  upon  the  court. 

22.  The  House  of  Representatives  shall  choose  their  own  speak- 
er, appoint  their  own  officers,  and  settle  the  rules  of  proceedings  in 
their  own  house  ;  and  shall  be  judge  of  the  returns,  elections  and 
qualifications  of  its  members,  as  pointed  out  in  this  constitution. 
They  shall  have  authority  to  punish  by  imprisonment,  every  person 
who  shall  be  guilty  of  disrespect  to  the  house  in  its  presence,  by 
any  disorderly  and  contemptuous  behavior,  or  by  threatening  or  ill 
treating  any  of  its  members  ;  or  by  obstructing  its  deliberations ; 
every  person  guilty  of  a  breach  of  its  privileges  in  making  arrests 
for  debt,  or  by  assaulting  any  member  during  his  attendance  at  any 
session  ;  in  assaulting  or  disturbing  any  one  of  its  ofiicers  in  the 
execution  of  any  order  or  procedure  of  the  house  ;  in  assaulting  any 
witness  or  other  person,  ordered  to  attend  by  and  during  his  atten- 
dance of  the  house,  or  in  rescuing  any  person  arrested  by  order 
of  the  house,  knowing  them  to  be  such. 

23.  The  Senate,  governor  and  council,  shall  have  the  same  pow- 
ers in  like  cases ;  provided  that  no  imprisonment  by  either,  for  any 
offence,  exceed  ten  days. 

24.  The  journals  of  the  proceedings,  and  all  public  acts  of  both 
houses  of  the  legislature,  shall  be  printed  and  published  immediate- 
ly after  every  adjournment  or  prorogation  ;  and  upon  motion  made 
by  any  one  member,  the  yeas  and  nays  upon  any  question  shall  be 
entered  on  the  journal :  and  any  member  of  the  Senate  or  House 
of  Representatives  shall  have  a  right,  on  motion  made  at  the  same 
time  for  that  purpose,  to  have  his  protest  or  dissent,  with  the  rea- 
sons, against  any  vote,  resolve  or  bill  passed,  entered  on  the  journal. 

SENATE. 

25.  The  Senate  shall  consist  of  twelve  members,  who  shall  hold 
their  office  for  one  year  from  the  first  Wednesday  of  Jmie  next  en- 
suing their  election. 


CONSTITUTION    OF    NEW    HAMPSHIRE.  27 

26.  And  that  the  state  may  be  equally  represented  in  the  Senate, 
the  legislature  shall,  from  time  to  time,  divide  the  state  into  twelve 
districts,  as  nearly  equal  as  may  be,  without  dividing  towns  and 
unincorporated  places ;  and  in  making  this  division  they  shall  gov- 
ern themselves  by  the  proportion  of  direct  taxes  paid  by  the  said 
districts,  and  timely  make  known  to  the  inhabitants  of  the  state  the 
limits  of  each  district. 

27.  The  freeholders  and  other  inhabitants  of  each  district,  qua- 
lified as  in  this  constitution  is  provided,  shall  annually  give  in  their 
votes  for  a  senator,  at  some  meeting  holden  in  the  month  of  March. 

28.  The  Senate  shall  be  the  first  branch  of  the  legislature  :  And 
the  senators  shall  be  chosen  in  the  following  manner,  viz  :  every 
male  inhabitant  of  each  town  and  parish  with  town  privileges,  and 
places  unincorporated,  in  this  state,  of  twenty-one  years  of  age  and 
upwards,  excepting  paupers,  and  persons  excused  from  paying  taxes 
at  their  own  request,  shall  have  a  right  at  the  annual  or  other 
meetings  of  the  inhabitants  of  said  towns  and  parishes,  to  be  duly 
warned  and  holden  annually  forever  in  the  month  of  March,  to 
vote  in  the  town  or  parish  wherein  he  dwells,  for  the  senator  in 
the  district  whereof  he  is  a  member  : 

29.  Provided  nevertheless,  That  no  person  shall  be  capable  of 
being  elected  a  senator,  who  is  not  of  the  protestant  religion  and 
seized  of  a  freehold  estate  in  his  own  rights  of  the  value  of  two 
hundred  pounds,  lying  within  this  state,  who  is  not  of  the  age  of 
thirty  years,  and  who  shall  not  have  been  an  inhabitant  of  this 
state  for  seven  years  immediately  preceding  his  election,  and  at  the 
time  thereof  he  shall  be  an  inhabitant  of  the  district  for  which  he 
shall  be  chosen. 

30.  And  every  person  qualified  as  the  constitution  provides,  shall 
be  considered  an  inhabitant  for  the  pm'pose  of  electing  and  being 
elected  into  any  office  or  place  Avithin  this  state,  in  the  town,  par- 
ish and  plantation  where  he  dwelleth  and  hath  his  home. 

31.  And  the  inhabitants  of  plantations  and  places  unincorpora- 
ted, qualified  as  this  constitution  provides,  who  are  or  shall  be  re- 
quired to  assess  taxes  upon  themselves  towards  the  support  of  gov- 
ernment, or  shall  be  taxed  therefor,  shall  have  the  same  privilege 
of  voting  for  senators  in  the  plantations  and  places  wherein  they 
reside,  as  the  inhabitants  of  the  respective  towns  and  parishes  afore- 
said have.  And  the  meetings  of  such  plantations  and  places  for 
that  purpose,  shall  be  holden  annually  in  the  month  of  March,  at 
such  places  respectively  therein,  as  the  assessors  thereof  shall 
direct :  Which  assessors  shall  have  like  authority  for  notifying  the 
electors,  collecting  and  returning  the  votes,  as  the  selectmen  and 
town  clerks  have  in  their  several  towns  by  this  constitution. 


28  CONSTITUTION    OF    NEW    HAMPSHIRE. 

32.  The  meetings  for  the  choice  of  governor,  council  and  sen- 
ators, shall  be  warned  by  warrant  from  the  selectmen,  and  govern- 
ed by  a  moderator,  who  shall,  in  the  presence  of  the  selectmen, 
(whose  duty  it  shall  be  to  attend)  in  open  meeting,  receive  the  votes 
of  all  the  inhabitants  of  such  towns  and  parishes  present,  and  qua- 
lified to  vote  for  senators ;  and  shall,  in  said  meetings,  in  presence 
of  the  said  selectmen,  and  of  the  town  clerk  in  said  meetings,  sort 
and  count  the  said  votes,  and  make  a  public  declaration  thereof, 
with  the  name  of  every  person  voted  for,  and  the  number  of  votes 
for  each  person ;  and  the  town  clerk  shall  make  a  fair  record  of  the 
same  at  large,  in  the  town  book,  and  shall  make  out  a  fair  attested 
copy  thereof,  to  be  by  him  sealed  up  and  directed  to  the  secretary 
of  the  state,  with  a  superscription  expressing  the  jnuport  thereof; 
and  the  said  town  clerk  shall  cause  such  attested  copy  to  be  deliv- 
ered to  the  sheriff  of  the  county  in  which  said  toAvn  or  parish  shall 
lie,  thirty  days  at  least  before  the  first  Wednesday  .of  June,  or  to  the 
secretary  of  the  state  at  least  twenty  days  before  the  said  first  Wed- 
nesday of  June  :  and  the  sheriff  of  each  county,  or  his  deputy, 
shall  deliver  all  such  certificates  by  him  received,  into  the  secreta- 
ry's office,  at  least  twenty  days  before  the  first  Wednesday  of  June, 

33.  And  that  there  may  be  a  due  meeting  of  senators  on  the  first 
Wednesday  of  June  annually,  the  governor  and  a  majority  of  the 
council  for  the  time  being  shall,  as  soon  as  may  be,  examine  the 
returned  copies  of  such  records ;  and  fourteen  days  before  the  first 
Wednesday  of  June,  he  shall  issue  his  summons  to  such  persons  as 
appear  to  be  chosen  senators  by  a  majority  of  votes,  to  attend  and 
take  their  seats  on  that  day:  Provided  tievertheless,  That  for  the 
first  year  the  said  returned  copies  shall  be  examined  by  the  presi- 
dent and  a  majority  of  the  council  then  in  office ;  and  the  said 
president  shall  in  like  manner  notify  the  persons  elected,  to  attend 
and  take  their  seats  accordingly. 

34.  And  in  case  there  shall  not  appear  to  be  a  senator  elected  by 
a  majority  of  votes  for  any  district,  the  deficiency  shall  be  supplied 
in  the  following  manner,  viz :  the  members  of  the  House  of 
Representatives,  and  such  senators  as  shall  be  declared  elected,  shall 
take  the  names  of  the  two  persons  having  the  highest  number  of 
votes  in  the  district,  and  out  of  them  shall  elect  by  joint  ballot,  the 
senator  wanted  for  such  district :  and  in  this  manner  all  such  va- 
cancies shall  be  filled  up  in  every  district  of  the  state,  and  in  like 
manner  all  vacancies  in  the  Senate,  arising  by  death,  removal  out 
of  the  state,  or  otherwise,  shall  be  supplied  as  soon  as  may  be  after 
such  vacancies  happen. 

35.  The  Senate  shall  be  final  judges  of  the  elections,  returns  and 
qualifications  of  their  own  members  as  pointed  out  in  this  consti- 
tution. 


CONSTITUTION    OF    NEW    HAMPSHIRE.  29 

36.  The  Senate  shall  have  power  to  adjourn  themselves,  provided 
such  adjournment  do  not  exceed  two  days  at  a  time  : 

Provided  nevertheless,  That  whenever  they  shall  sit  on  the  trial 
of  any  impeachment,  they  may  adjourn  to  such  time  and  place  as 
they  may  think  proper,  although  the  legislature  be  not  assembled 
on  such  day,  or  at  such  place. 

37.  The  Senate  shall  appoint  their  president  and  other  officers,  and 
determine  their  ov.ai  rules  of  proceedings.  And  not  less  than  seven 
members  of  tlie  Senate  shall  make  a  quorum  for  doing  business ; 
and  Avhen  less  than  eight  senators  shall  be  present,  the  assent  of 
five,  at  least,  shall  be  necessary  to  render  their  acts  and  proceedings 
valid. 

38.  The  Senate  shall  be  a  court  with  full  power  and  authority  to 
hear,  try  and  determine  all  impeachments  made  by  the  House  of 
Representatives  against  any  officer  or  officers  of  the  state,  for  bribe- 
ry, corruption,  mal-practice  or  mal-administration  in  office ;  with  full 
power  to  issue  summons  or  compulsory  process,  for  convening  wit- 
nesses before  them ;  but  previous  to  the  trial  of  any  such  impeach- 
ment, the  members  of  the  Senate  shall  respectively  be  sworn  truly 
and  impartially  to  try  and  determine  the  charge  in  question  accord- 
ing to  evidence.  And  every  officer  impeached  for  bribery,  corrup- 
tion, mal-practice  or  mal-administration  in  office,  shall  be  served 
with  an  attested  copy  of  the  impeachment,  and  order  of  Senate 
thereon,  with  such  citation  as  the  Senate  may  direct,  setting  forth 
the  time  and  place  of  their  sitting  to  try  the  impeachment ;  which 
service  shall  be  made  by  the  sheriff,  or  such  other  sworn  officer  as 
the  Senate  may  appoint,  at  least  fourteen  days  previous  to  the  time 
of  trial ;  and  such  citation  being  duly  served  and  returned,  the 
Senate  may  proceed  in  the  hearing  of  the  impeachment,  giving  the 
person  impeached,  if  he  shall  appear,  full  liberty  of  producing  wit- 
nesses and  proofs,  and  of  making  his  defence,  by  himself  and  coun- 
sel, and  may  also,  upon  his  refusing  or  neglecting  to  appear,  hear 
the  proofs  in  support  of  the  impeachment,  and  render  judgment 
thereon,  his  non-appearance  notwithstanding ;  and  such  judgment 
shall  have  the  same  force  and  effect  as  if  the  person  impeached,  had 
appeared  and  pleaded  in  the  trial. 

39.  Their  judgment,  however,  shall  not  extend  further  than  re- 
moval from  office,  disqualification  to  hold  or  enjoy  any  place  of 
honor,  trust,  or  profit  under  this  state ;  but  the  party  so  convicted, 
shall  nevertheless  be  liable  to  indictment,  trial,  judgment  and  pun- 
ishment, according  to  the  laws  of  the  land. 

40.  Whenever  the  governor  shall  be  impeached,  the  chief  justice 
of  the  supreme  judicial  court  shall,  during  the  trial,  preside  in  the 
Senate,  but  have  no  vote  therein. 


30  CONSTITUTION    OF    NEW    HAMPSHIRE. 


EXECUTIVE  POWER. 
GOVERNOR. 

41.  There  shall  be  a  supreme  executive  magistrate,  who  shall  be 
styled  Governor  of  the  state  of  New  Hampshire  ;  and  whose  title 
shall  be  His  Kvcellejicy . 

42.  The  governor  shall  be  chosen  annually  in  the  month  of 
March ;  and  the  votes  for  governor  shall  be  received,  sorted,  count- 
ed, certified  and  returned  in  the  same  manner  as  the  votes  for  sen- 
ators ;  and  the  secretary  shall  lay  the  same  before  the  Senate  and 
House  of  Representatives,  on  the  first  Wednesday  of  June,  to  be  by 
them  examined,  and  in  case  of  an  election  by  a  majority  of  votes 
through  the  state,  the  choice  shall  be  by  them  declared  and  pub- 
lished. And  the  qualifications  of  electors  of  the  governor  shall  be 
the  same  as  those  for  senators ;  and  if  no  person  shall  have  a  ma- 
jority of  votes,  the  Senate  and  House  of  Representatives  shall  by 
joint  ballot  elect  one  of  the  two  persons  having  the  highest  num- 
ber of  votes,  who  shall  be  declared  governor.  And  no  person  shall 
be  eligible  to  this  office,  unless  at  the  time  of  his  election  he  shall 
have  been  an  inhabitant  of  this  state  for  seven  years  next  prece- 
ding, and  unless  he  shall  be  of  the  age  of  thirty  years ;  and  unless 
he  shall  at  the  same  time  have  an  estate  of  the  value  oi  five  hun- 
dred pounds,  one  half  of  Avliich  shall  consist  of  a  freehold  in  his 
own  right,  within  this  state ;  and  unless  he  shall  be  of  the  protest- 
ant  religion. 

43.  In  cases  of  disagreement  between  the  tAvo  houses,  with  re- 
gard to  the  time  or  place  of  adjournment,  or  prorogation,  the  gov- 
ernor with  advice  of  council,  shall  have  a  right  to  adjourn  or  pro- 
rogue the  general  court,  not  exceeding  ninety  days,  at  any  one 
time,  as  he  may  determine  the  public  good  may  require.  And  he 
shall  dissolve  the  same  seven  days  before  the  said  first  Wednesday 
of  June.  And  in  case  of  any  infectious  distemper  prevailing  in 
the  place  where  the  said  court  at  any  time  is  to  convene,  or  any 
other  cause  whereby  dangers  may  arise  to  the  health  or  lives  of  the 
members,  from  their  attendance,  the  governor  may  direct  the  ses- 
sion to  be  holden  at  some  other,  the  most  convenient  place  within 
the  state. 

44.  Every  bill  which  shall  have  passed  both  houses  of  the  gen- 
eral court  shall,  before  it  become  a  law,  be  presented  to  the  gov- 
ernor ;  if  he  approve,  he  shall  sign  it,  but  if  not,  he  shall  return  it 
with  his  objections  to  that  house  in  which  it  shall  have  originated, 
who  shall  enter  the  objections  at  large  on  their  journal  and  proceed 
to  reconsider  it ;  if  after  such  reconsideration  two  thirds  of  that 
house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with 


CONSTITUTION    OF    NEW    HAMPSHIRE.  31 

such  objections,  to  the  other  house,  by  which  it  shall  hkewise  be 
reconsidered,  and  if  approved  by  two  thirds  of  that  house  it  shall 
become  a  law.  But  in  all  such  cases  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the  persons 
voting  for  or  against  the  bill,  shall  be  entered  on  the  journal  of  each 
house  respectively.  If  any  bill  shall  not  be  returned  by  the  gov- 
ernor within  five  days,  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a  law  in  like  manner  as  if  he 
had  signed  it,  unless  the  legislature,  by  their  adjournment,  prevent 
its  retiun,  in  which  case  it  shall  not  be  a  law. 

45.  Every  resolve  shall  be  presented  to  the  governor,  and  before 
the  same  shall  take  effect,  shall  be  approved  by  him,  or  being  dis- 
approved by  him,  shall  be  repassed  by  the  Senate  and  House  of 
Representatives,  according  to  the  rules  and  limitations  prescribed  in 
the  case  of  a  bill. 

46.  All  judicial  officers,  the  attorney  general,  solicitors,  all  sher- 
iffs, coroners,  registers  of  probate,  and  all  officers  of  the  navy,  and 
general  and  field  officers  of  the  militia,  shall  be  nominated  and  ap- 
pointed by  the  governor  and  council ;  and  every  such  nomination 
shall  be  made  at  least  three  days  prior  to  such  appointment,  and  no 
appointment  shall  take  place,  unless  a  majority  of  the  council  agree 
thereto. 

47.  The  governor  and  council  shall  have  a  negative  on  each 
other,  both  in  the  nominations  and  appointments.  Every  nomina- 
tion and  appointment  shall  be  signed  by  the  governor  and  council, 
and  every  negative  shall  be  also  signed  by  the  governor  or  council, 
who  made  the  same. 

48.  The  captains  and  subalterns  in  the  respective  regiments  shall 
be  nominated  and  recommended  by  the  field  officers  to  the  govern- 
or, who  is  to  issue  their  commissions  immediately  on  the  receipt  of 
such  recommendation. 

49.  Whenever  the  chair  of  the  governor  shall  become  vacant,  by 
reason  of  his  death,  absence  from  the  state  or  otherwise,  the  presi- 
dent of  the  senate  shall,  during  such  vacancy,  have  and  exercise  all 
the  powers  and  authorities  which  by  this  constitution  the  governor 
is  vested  with,  when  personally  present ;  but  when  the  president 
of  the  Senate  shall  exercise  the  office  of  governor,  he  shall  not  hold 
his  office  in  the  Senate. 

50.  The  governor  with  advice  of  council,  shall  have  full  pow- 
er and  authority  in  recess  of  the  general  court,  to  prorogue  the 
same  from  time  to  time,  not  exceeding  ninety  days  in  any  one  re- 
cess of  said  court ;  and  during  the  sessions  of  said  court,  to  adjourn 
or  prorogue  it  to  any  time  the  two  houses  may  desire,  and  to  call 


32  CONSTITUTION     OF    NEW    HAMPSHIRE. 

it  together  sooner  than  the  time  to  \vhich  it  may  be  adjourned  or 
prorogued,  if  the  welfare  of  the  state  should  require  the  same. 

51.  The  governor  of  this  state  for  the  time  being,  shall  be  com- 
mander in  chief  of  the  army  and  navy,  and  all  the  military  forces 
of  the  state,  by  sea  and  land ;  and  shall  have  full  power  by  him- 
self, or  by  any  chief  commander,  or  other  officer  or  officers,  from 
time  to  time,  to  train,  instruct,  exercise  and  govern  the  militia  and 
navy ;  and  for  the  special  defence  and  safety  of  this  state,  to  as- 
semble in  martial  array,  and  put  in  warlike  posture,  the  inhabitants 
thereof,  and  to  lead  and  conduct  them,  and  with  them  to  encounter, 
repulse,  repel,  resist  and  pursue  by  force  of  arms,  as  well  by  sea  as 
by  land,  within  and  without  the  limits  of  this  state  ;  and  also  to  kill, 
slay,  destroy,  if  necessary,  and  conquer  by  all  fitting  ways,  enter- 
prise and  means,  all  and  every  such  person  and  persons  as  shall,  at 
any  time  liereaftcr,  in  a  hostile  manner  attempt  or  enterprise  the 
destruction,  invasion,  detriment,  or  annoyance  of  this  state  ;  and  to 
use  and  exercise  over  the  army  and  navy,  and  over  the  militia  in 
actual  service,  the  law  martial  in  time  of  war,  invasion,  and  also  in 
rebellion,  declared  by  the  legislature  to  exist,  as  occasion  shall 
necessarily  require  :  And  surprise  by  all  ways  and  means  whatso- 
ever, all  and  every  such  person  or  persons,  with  their  ships,  arms, 
ammunition,  and  other  goods,  as  shall  in  a  hostile  manner  invade, 
or  attempt  the  invading,  conquering  or.  annoying  this  state  :  And 
in  fine,  the  governor  hereby  is  intrusted  with  all  other  powers  in- 
cident to  the  office  of  captain-general  and  commander-in-chief,  and 
admiral,  to  be  exercised  agreeably  to  the  rules  and  regulations  of 
the  constitution,  and  the  laws  of  the  land :  Provided  that  the  gov- 
ernor shall  not  at  any  time  hereafter,  by  virtue  of  any  power  by 
this  constitution  granted,  or  hereafter  to  be  granted  to  him  by  the 
legislature,  transport  any  of  the  inhabitants  of  this  state,  or  oblige 
them  to  march  out  of  the  limits  of  the  same,  without  their  free  and 
voluntary  consent,  or  the  consent  of  the  general  court,  nor  grant 
commissions  for  exercising  the  law  martial  in  any  case, without  the 
advice  and  consent  of  the  council. 

52.  The  power  of  pardoning  ofiences,  except  such  as  persons 
may  be  convicted  of  before  the  Senate  by  impeachment  of  the 
house,  shall  be  in  the  governor,  by  and  Avith  the  advice  of  council : 
but  no  charter  of  pardon  granted  by  the  governor  with  advice  of 
council,  before  conviction,shall  avail  the  party  pleading  the  same,  not- 
withstanding any  general  or  particular  expressions  contained  therein, 
descriptive  of  the  offence  or  offences  intended  to  be  pardoned. 

53.  No  officer  duly  commissioned  to  command  in  the  militia, 
shall  be  removed  from  his  office  but  by  the  address  of  both  houses 
to  the  governor,  or  by  fair  trial  in  court  martial,  pursuant  to  the  laws 
of  the  state  for  the  time  being. 


CONSTITUTION    OF    NEW    HAMPSHIRE.  33 

54.  The  commanding  officers  of  the  regiments  shall  appoint  their 
adjutants  and  quarter-masters  ;  the  brigadiers,  their  brigade  majors  ; 
the  major-generals,  their  aids  ;  the  captains  and  subalterns,  their  non- 
commissioned officers. 

55.  The  division  of  the  militia  into  brigades,  regiments  and  com- 
panies, made  in  pmsuance  of  the  militia  laws  now  in  force,  shall  be 
considered  as  the  proper  division  of  the  militia  of  this  state  until 
the  same  shall  be  altered  by  some  future  law. 

56.  No  moneys  shall  be  issued  out  of  the  trcasmy  of  this  state, 
and  disposed  of,  (except  such  sums  as  may  be  appropriated  for  the 
redemption  of  bills  of  credit  or  treasm-er's  notes,  or  for  the  pay- 
ment of  interest  arising  thereon,)  but  by  warrant  under  the  hand  of 
the  governor  for  the  time  being,  by  and  with  the  advice  and  con- 
sent of  the  council,  for  the  necessary  support  and  defence  of  this 
state,  and  for  the  necessary  protection  and  preservation  of  the  in- 
habitants thereof,  agreeably  to  the  acts  and  resolves  of  the  general 
com-t.  . 

57.  All  public  boards,  the  commissary  general,  all  superintending 
officers  of  public  magazines  and  stores,  belonging  to  this  state, 
and  all  commanding  officers  of  forts  and  garrisons  within  the  same, 
shall  once  in  every  three  months,  officially,  and  without  requisition, 
and  at  other  times  when  required  by  the  governor,  deliver  to  him 
an  account  of  all  goods,  stores,  provisions,  ammunition,  cannon  with 
their  appendages,  and  all  small  arms  with  their  accoutrements,  and 
of  all  other  public  property  under  their  care  respectively  ;  distin- 
guishing the  quantity  and  kind  of  each  as  particularly  as  may  be  ; 
together  with  the  condition  of  such  forts  and  garrisons  ;  and  the 
commanding  officer  shall  exhibit  to  the  governor  when  required  by 
him,  true  and  exact  plans  of  such  forts,  and  of  the  land  and  sea,  or 
harbor  or  harbors  adjacent. 

58.  The  governor  and  council  shall  be  compensated  for  their 
services  from  time  to  time,  by  such  grants  as  the  general  court  shall 
think  reasonable. 

59.  Permanent  and  honorable  salaries  shall  be  established  by  law 
for  the  justices  of  the  superior  court. 

COUNCIL. 

60.  There  shall  be  annually  elected  by  ballot  five  counsellors, 
for  advising  the  governor  in  the  executive  part  of  government. 
The  freeholders  and  other  inhabitants  in  each  county,  qualified  to 
vote  for  senators,  shall  some  time  in  the  month  of  March  give  in 
their  votes  for  one  counsellor ;  which  votes  shall  be  received,  sort- 
ed, counted,  certified  and  returned  to  the  secretary's  office,  in  the 

5 


34  CONSTITUTIOIV    OF    NEW    HAMPSHIRE. 

same  manner  as  the  votes  for  senators,  to  be  by  the  secretary  laid 
before  the  Senate  and  House  of  Representatives  on  the  first  Wednes- 
day of  June. 

61.  And  the  person  having  a  majority  of  votes  in  any  county, 
shall  be  considered  as  duly  elected  a  counsellor,  but  if  no  person 
shall  have  a  majority  of  votes  in  any  county,  the  Senate  and  House 
of  Representatives  shall  take  the  names  of  the  two  persons  who  have 
the  highest  number  of  votes  in  each  county,  and  not  elected,  and 
out  of  those  two  shall  elect  by  joint  ballot  the  counsellor  wanted 
for  such  county  ;  and  the  qualifications  for  counsellors  shall  be  the 
same  as  for  senator. 

62.  If  any  person  thus  chosen  a  counsellor,  shall  be  elected  gov- 
ernor, or  member  of  either  branch  of  the  legislature,  and  shall 
accept  the  trust ;  or  if  any  person  elected  a  counsellor  shall  refuse  to 
accept  the  office  ;  or  in  the  case  of  the  death,  resignation  or  removal 
of  any  counsellor  out  of  the  state  ;  the  governor  may  issue  a  pre- 
cept for  the  election  of  a  new  counselldr  in  that  county  where  such 
vacancy  shall  happen  ;  and  the  choice  shall  be  in  the  same  manner 
as  before  directed  :  and  the  governor  shall  have  full  power  and 
authority  to  convene  the  comicil  from  time  to  time,  at  his  discretion  ; 
and  with  them,  or  the  majority  of  them,  may  and  shall  from  time  to 
time,  hold  a  council  for  ordering  and  directing  the  affairs  of  this 
state  according  to  the  laws  of  the  land. 

63.  The  members  of  the  council  may  be  impeached  by  the  House 
and  tried  by  the  Senate  for  bribery,  corruption,  mal-practice  or  mal- 
administration. 

64.  The  resolutions  and  advice  of  the  council  shall  be  recorded 
by  the  secretary  in  a  register,  and  signed  by  all  the  members  present 
agreeing  thereto  ;  and  this  record  may  be  called  for  at  any  time  by 
either  house  of  the  legislature,  and  any  member  of  the  council  may 
enter  his  opinion  contrary  to  the  resolution  of  the  majority,  with 
the  reasons  for  such  opinion. 

.  65.  The  legislature  may,  if  the  public  good  shall  hereafter  re- 
quire it,  divide  the  state  into  five  districts,  as  nearly  equal  as  may 
be,  governing  themselves  by  the  number  of  ratable  polls  and  pro- 
portion of  public  taxes  ;  each  district  to  elect  a  counsellor  :  and  in 
case  of  such  division,  the  manner  of  the  choice  shall  be  conforma- 
ble to  the  present  mode  of  election  in  counties. 

66.  And  whereas  the  elections  appointed  to  be  made  by  this 
constitution  on  the  first  Wednesday  of  June  annually,  by  the  two 
houses  of  the  legislature,  may  not  be  completed  on  that  day,  the 
said  elections  may  be  adjourned  from  day  to  day  until  the  same  be 


CONSXnUTJON     OF    NEW    HAMPSHIRE.  35 

completed.  And  the  order  of  the  elections  shall  be  as  follows : 
The  vacancies  in  the  Senate,  if  any,  shall  be  first  filled  up ;  the 
governor  shall  then  be  elected,  provided  there  should  be  no  choice 
of  him  by  the  people,  and  afterwards  the  two  houses  shall  proceed 
to  fill  up  the  vacancy,  if  any,  in  the  council. 

SECRETARY,  TREASURER,  COMMISSARY  GENERAL,  &c. 

67.  The  secretary,  treasurer  and  commissary  general,  shall  be 
chosen  by  joint  ballot  of  the  senators  and  representatives  assembled 
in  one  room. 

68.  The  records  of  the  state  shall  be  kept  in  the  office  of  the 
secretary  ;  and  he  shall  attend  the  governor  and  council,  the  Senate 
and  Representatives,  in  person  or  by  deputy,  as  they  may  require. 

69.  The  secretary  of  the  state  shall  at  all  times  have  a  deputy, 
to  be  by  him  appointed ;  for  whose  conduct  in  office  he  shall  be 
responsible :  and  in  case  of  the  death,  removal  or  inability  of  the 
secretary,  his  deputy  shall  exercise  all  the  duties  of  the  office  of 
secretary  of  this  state,  until  another  shall  be  appointed. 

70.  The  secretary,  before  he  enters  upon  the  business  of  his  of- 
fice, shall  give  bond  with  sufficient  sureties,  in  a  reasonable  sum, 
for  the  use  of  the  state,  for  the  punctual  performance  of  his  trust. 


COUNTY  TREASURER,  &c. 

71.  The  county  treasurers  and  registers  of  deeds  shall  be  elected 
by  the  inhabitants  of  the  several  towns,  in  the  several  counties  in 
the  state  according  to  the  method  now  practiced,  and  the  laws  of 
the  state  : 

Provided  nevertheless,  The  legislature  shall  have  authority  to 
alter  the  manner  of  certifying  the  votes  and  the  mode  of  electing 
those  officers,  but  not  so  as  to  deprive  the  people  of  the  right  they 
now  have  of  electing  them. 

72.  And  the  legislature,  on  the  application  of  the  major  part  of 
the  inhabitants  of  any  county,  shall  have  authority  to  divide  the 
same  into  two  districts  for  registering  deeds,  if  to  them  it  shall  ap- 
pear necessary  ;  each  district  to  elect  a  register  of  deeds ;  and  be- 
fore they  enter  upon  the  business  of  their  offices,  shall  be  respec- 
tively sworn  faithfully  to  discharge  the  duties  thereof,  and  shall 
severally  give  bond  with  sufficient  sureties,  in  a  reasonable  sum, 
for  the  use  of  the  county,  for  the  punctual  performance  of  their 
respective  trusts. 


36  CONSTITUTION    OF    NEW    HAMPSHIRE. 


JUDICIARY  POWER. 

73.  The  tenure  that  all  commissioned  officers  shall  have  by  law 
in  their  offices,  shall  be  expressed  in  their  respective  commissions. 
All  judicial  officers,  duly  appointed,  commissioned  and  sworn,  shall 
hold  their  offices  during  good  behavior,  excepting  those  con- 
cerning whom  there  is  a  different  provision  made  in  this  consti- 
tution :  Provided  nevej'theless,  The  president,*  with  consent  of 
council,  may  remove  them  upon  the  address  of  both  houses  of  the 
legislature. 

74.  Each  branch  of  the  legislature,  as  well  as  the  governor  and 
council,  shall  have  authority  to  require  the  opinions  of  the  justices 
of  the  superior  court  upon  important  questions  of  law  and  upon 
solemn  occasions. 

75.  In  order  that  the  people  may  not  suffer  from  the  long  con- 
tinuance in  place  of  any  justice  of  the  peace,  who  shall  fail  in  dis- 
charging the  important  duties  of  his  office  with  ability  and  fidelity, 
all  commissions  of  justices  of  the  peace  shall  become  void  at  the 
expiration  of  five  years  from  their  respective  dates ;  and  upon  the 
expiration  of  any  commission,  the  same  may,  if  necessary,  be  re- 
newed, or  another  person  appointed  as  shall  most  conduce  to  the 
well  being  of  the  state. 

76.  All  causes  of  marriage,  divorce  and  alimony,  and  all  appeals 
from  the  respective  judges  of  probate,  shall  be  heard  and  tried  by 
the  superior  court,  until  the  legislature  shall  by  law  make  other 
provision. 

77.  The  general  court  are  empowered  to  give  to  justices  of  the 
peace  jurisdiction  in  civil  causes,  when  the  damages  demanded  shall 
not  exceed  four  pounds,  and  title  of  real  estate  is  not  concerned  ; 
but  with  right  of  appeal  to  either  party  to  some  other  court,  so  that 
a  trial  by  jury  in  the  last  resort  may  be  had. 

78.  No  person  shall  hold  the  office  of  judge  of  any  court,  or 
judge  of  probate,  or  sheriff  of  any  county,  after  he  has  attained 
the  age  of  seventy  yeai-s. 

79.  No  judge  of  any  court  or  justice  of  the  peace,  shall  act  as 
attorney,  or  be  of  counsel  to  any  party,  or  originate  any  civil  suit, 
in  matters  which  shall  come  or  be  brought  before  him  as  judge,  or 
justice  of  the  peace. 

80.  All  matters  relating  to  the  probate  of  wills  and  granting  let- 
ters of  administration,  shall  be  exercised  by  tlie  judges  of  probate 

*  Governor  in  funncr  printed  ediUons,  hut  jircsidciU  in  the  original. 


COiNSTlTUTION    OF    NEW    HAMPSHIRE.  37 

ill  such  manner  as  the  legislature  have  directed,  or  may  hereafter 
direct :  and  the  judges  of  probate  shall  hold  their  courts  at  such 
place  or  places,  on  such  fixed  days  as  the  conveniency  of  the  people 
may  require,  and  the  legislature  from  time  to  time  appoint. 

81.  No  judge  or  register  of  probate  shall  be  of  counsel,  act  as 
advocate,  or  receive  any  fees  as  advocate  or  counsel,  in  any  probate 
business  which  is  pending,  or  may  be  brought  into  any  court  of 
probate  in  the  county  of  which  he  is  judge  or  register. 

CLERKS  OF  COURTS. 

82.  The  judges  of  the  courts  (those  of  probate  excepted)  shall 
appoint  their  respective  clerks,  to  hold  their  office  during  pleasure  ; 
and  no  such  clerk  shall  act  as  an  attorney,  or  be  of  counsel  in  any 
cause  in  the  court  of  which  he  is  clerk,  nor  shall  he  draw  any  writ 
originating  a  civil  action. 


ENCOURAGEMENT  OF  LITERATURE,  &c. 

S3.  Knowledge  and  learning,  generally  diffused  through  a  com- 
munity, being  essential  to  the  preservation  of  a  free  government  ; 
and  spreading  the  opportunities  and  advantages  of  education  through 
the  various  parts  of  the  country,  being  highly  conducive  to  promote 
this  end  ;  it  shall  be  the  duty  of  the  legislators  and  magistrates,  in 
all  future  periods  of  this  government  to  cherish  the  interest  of  lite- 
rature and  the  sciences,  and  all  seminaries  and  public  schools,  to 
encourage  private  and  public  institutions,  rewards  and  immunities 
for  the  promotion  of  agriculture,  arts,  sciences,  commerce,  trades, 
manufactures,  and  natural  history  of  the  country  ;  to  countenance 
and  inculcate  the  principles  of  humanity  and  general  benevolence, 
public  and  private  charity,  industry  and  economy,  honesty  and 
punctuality,  sincerity,  sobriety,  and  all  social  affections,  and  gene- 
rous sentiments  among  the  people. 


OATH  AND  SUBSCRIPTIONS;  EXCLUSION  FROM  OFFICES;  COMMIS- 
SIONS; WRITS;  CONFIRMATION  OF  LAWS;  HABEAS  CORPUS;  THE 
ENACTING  STYLE  ;  CONTINUANCE  OF  OFFICERS  ;  PROVISION  FOR 
A  FUTURE  REVISION  OF  THE  CONSTITUTION,  &c. 

84.  Any  person  chosen  governor,  counsellor,  senator  or  represen- 
tative, military  or  civil  officer,  (town  officers  excepted,)  accepting 
tlie  trust,  shall,  before  he  proceeds  to  execute  the  duties  of  his  of- 
fice, make  and  subscribe  the  following  declaration,  viz  : 

I,  A.  B.,  do  solemnly  swear  that  I  will  bear  faith  and  true  allegi- 
ance to  the  state  of  New  Hampshire,  and  will  support  the  consti- 
tution thereof.     So  help  me   God. 


38  CONSTITUTION    OF    NEW    HAMPSHIRE. 

I,  A.  B.,  do  solemnly  and  sincerely  swear  and  affirm,  that  I  will 
faithfully  and  impartially  discharge  and  perform  all  the  duties  in- 
cumbent on  me  as  according  to  the  best  of  my 
abilities,  agreeably  to  the  rules  and  regulations  of  this  constitution 
and  the  laws  of  the  state  of  New  Hampshire.     So  help  me  God. 

Any  person  having  taken  and  subscribed  the  oath  of  allegiance, 
and  the  same  being  filed  in  the  secretary's  office,  he  shall  not  be 
obliged  to  take  said  oath  again  : 

Provided  alivays,  When  any  person  chosen  or  appointed,  as  afore- 
said, shall  be  of  the  denomination  called  Quakers,  or  shall  be  scru- 
pulous of  swearing,  and  shall  decline  taking  the  said  oaths,  such 
person  shall  take  and  subscribe  them  omitting  the  word  "  swear,^' 
and  likewise  the  words  "  So  help  me  God,^'  subjoining  instead 
thereof,  "  This  I  do  under  the  pains  and  penalties  of  per  jury. ^^ 

85.  And  the  oaths  or  affirmations  shall  be  taken  and  subscribed 
by  the  governor,  before  the  president  of  the  Senate,  in  presence  of 
both  houses  of  the  legislature,  and  by  the  senators  and  representa- 
tives first  elected  under  this  constitution,  as  altered  and  amended, 
before  the  president  of  the  state  and  a  majority  of  the  council 
then  in  office,  and  forever  afterwards  before  the  governor  and  coun- 
cil for  the  time  being ;  and  by  all  other  officers,  before  such  per- 
sons and  in  such  manner  as  the  legislature  shall  from  time  to  time 
appoint. 

86.  All  commissions  shall  be  in  the  name  of  the  state  of  New 
Hampshire,  signed  by  the  governor,  and  attested  by  the  secretary, 
or  his  deputy,  and  shall  have  the  great  seal  of  the  state  affixed 
thereto. 

87.  All  writs  issuing  out  of  the  clerk's  office  in  any  of  the  courts 
of  law,  shall  be  in  the  name  of  the  state  of  New  Hampshire  ; 
shall  be  under  the  seal  of  the  coiu-t  whence  they  issue,  and  bear 
test  of  the  chief,  first,  or  senior  justice  of  the  court ;  but  when  such 
justice  shall  be  interested,  then  the  writ  shall  bear  test  of  some  oth- 
er justice  of  the  court,  to  which  the  same  shall  be  returnable  ;  and 
be  signed  by  the  clerk  of  such  court. 

88.  All  indictments,  presentments  and  informations  shall  con- 
clude against  the  peace  and  dignity  of  the  state. 

89.  The  estate  of  such  persons  as  may  destroy  their  own  lives 
shall  not  for  that  offence  be  forfeited,  but  descend  or  ascend  in  the 
same  manner  as  if  such  persons  had  died  in  a  natural  way.  Nor 
shall  any  article  which  shall  accidentally  occasion  the  death  of  any 
person  be  henceforth  deemed  a  deodand,  or  in  any  wise  forfeited 
on  account  of  such  misfortune. 


CONSTITUTION    OF    NEW    HAMPSHIRE.  39 

90.  All  the  laws  which  have  heretofore  been  adopted,  used  and 
approved,  in  the  province,  colony,  or  state  of  New  Hampshire,  and 
usually  practiced  on  in  the  courts  of  law,  shall  remain  and  be  in 
full  force  until  altered  and  repealed  by  the  legislature ;  such  paits 
thereof  only  excepted,  as  are  repugnant  to  the  rights  and  liberties 
contained  in  this  constitution ;  provided  that  nothing  herein  con- 
tained, when  compared  with  the  twenty-third  article  in  the  bill  of 
rights,  shall  be  construed  to  affect  the  laws  already  made  respecting 
the  persons  or  estates  of  absentees. 

91.  The  privilege  and  benefit  of  the  habeas  corpus  shall  be  en- 
joyed in  this  state,  in  the  most  free,  easy,  cheap,  expeditious  and 
ample  manner,  and  shall  not  be  suspended  by  the  legislature,  ex- 
cept upon  the  most  urgent  and  pressing  occasions,  and  for  a  time 
not  exceeding  three  months. 

92.  The  enacting  style  in  making  and  passing  acts,  statutes  and 
laws,  shall  be — Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened. 

93.  No  governor,  or  judge  of  the  supreme  judicial  court,  shall 
hold  any  office  or  place  under  the  authority  of  this  state,  except 
such  as  by  this  constitution  they  are  admitted  to  hold,  saving  that 
the  judges  of  the  said  court  may  hold  the  offices  of  justice  of  the 
peace  throughout  the  state ;  nor  shall  they  hold  any  place  or  office 
or  receive  any  pension  or  salary  from  any  other  state,  government 
or  power  whatever. 

94.  No  person  shall  be  capable  of  exercising  at  the  same  time, 
more  than  one  of  the  following  offices  in  this  state,  viz  :  Judge  of 
probate,  sheriff,  register  of  deeds ;  and  never  more  than  two  offices 
of  profit,  which  may  be  held  by  appointment  of  the  governor,  or 
governor  and  council,  or  Senate  and  House  of  Representatives,  or 
superior  or  inferior  coiuts ;  military  offices,  and  offices  of  justices 
the  peace  excepted. 

95.  No  person  holding  the  office  of  judge  of  any  court,  except 
special  judges,  secretary,  treasurer  of  the  state,  attorney  gen- 
eral, commissary  general,  military  officers  receiving  pay  from  the 
continent  or  this  state,  excepting  officers  of  the  militia,  occasional- 
ly called  forth  on  an  emergency,  register  of  deeds,  sheriff,  or  officers 
of  the  customs,  including  naval  officers,  collectors  of  excise  and 
state  and  continental  taxes,  hereafter  appointed  and  not  having  set- 
tled their  accounts  with  the  respective  officers  Avitli  Avhom  it  is 
their  duty  to  settle  such  accounts,  members  of  Congress,  or  any 
person  holding  any  office  under  the  United  States,  shall  at  the  same 
time  hold  the  office  of  governor,  or  have  a  seat  in  the  Senate,  or 
House  of  Representatives,  or  council  ;  but  his  being  chosen  and  ap- 
pointed to  and  accepting  the  same,  shall  operate  as  a  resignation  of 


40  CONSTITUTION    OF    NEW    HAMPSHIRE. 

their  seat  in  the  chair,  Senate  or  House  of  Representatives,  or  coun- 
cil, and  the  place  so  vacated  shall  be  filled  up.  No  member  of  the 
council  shall  have  a  seat  in  the  Senate  or  House  of  Representatives. 

96.  No  person  shall  ever  be  admitted  to  hold  a  seat  in  the  legis- 
lature, or  any  office  of  trust  or  importance  under  this  government, 
who,  in  the  due  course  of  law,  has  been  convicted  of  bribery  or 
corruption  in  obtaining  an  election  or  appointment. 

97.  In  all  cases  where  sums  of  money  are  mentioned  in  this 
constitution,  the  value  thereof  shall  be  computed  in  silver  at  six 
shillings  and  eight  pence  per  ounce. 

98.  To  the  end  that  there  may  be  no  failure  of  justice  or  dan- 
ger to  the  state,  by  the  alterations  and  amendments  made  in  the 
constitution,  the  general  court  is  hereby  fully  authorized  and  di- 
rected to  fix  the  time  when  the  alterations  and  amendments  shall 
take  effect,  and  make  the  necessary  arrangements  accordingly.* 

99.  It  shall  be  the  duty  of  the  selectmen  and  assessors  of  the 
several  towns  and  places  in  this  state,  in  warning  the  first  annual 
meetings  for  the  choice  of  senators,  after  the  expiration  of  seven 
years  from  the  adoption  of  this  constitution  as  amended,  to  insert 
expressly  in  the  warrant  this  pm'pose  among  the  others  for  the  meet- 
ing, to  wit ;  to  take  the  sense  of  the  qualified  voters  on  the  subject 
of  a  revision  of  the  constitution :  and  the  meeting  being  warned 
accordingly,  and  not  otherwise,  the  moderator  shall  take  the  sense 
of  the  qualified  voters  present  as  to  the  necessity  of  a  revision ; 
and  a  return  of  the  number  of  votes  for  and  against  such  necessity 
shall  be  made  by  the  clerk,  sealed  up  and  directed  to  the  general 
court  at  their  then  next  session ;  and  if  it  shall  appear  to  the  gen- 
eral court  by  such  return,  that  the  sense  of  the  people  of  the  state 
has  been  taken,  and  that  in  the  opinion  of  the  majority  of  the 
qualified  voters  in  the  state,  present  and  voting  at  said  meetings, 
there  is  a  necessity  for  a  revision  of  the  constitution,  it  shall  be  the 
duty  of  the  general  court  to  call  a  convention  for  that  purpose,  oth- 
erwise the  general  court  shall  direct  the  sense  of  the  people  to  be 
taken,  and  then  proceed  in  the  manner  before  mentioned. — The 
delegates  to  be  chosen  in  the  same  manner,  and  proportioned  as  the 
representatives  to  the  general  court ;  provided  that  no  alterations 
shall  be  made  in  this  constitution  before  the  same  shall  be  laid  be- 
fore the  towns  and  unincorporated  places,  and  approved  by  two 
thirds  of  the  qualified  voters  present  and  voting  on  the  subject. 

100.  And  the  same  method  of  taking  the  sense  of  the  people 
as  to  a  revision  of  the  constitution,  and  calling  a  convention  for 
that  purpose,  shall  be  observed  afterwai-ds,  at  the  expiration  of  every 
seven  years. 

*  See  Act  of  Dec.  14,  1792. 


COiVSTITUTION    OF    NEW    HAMPSHIRE.  41 

101.  This  form  of  government  shall  he  enrolled  on  parchment, 
and  deposited  in  the  secretary's  office,  and  be  a  part  of  the  laws  of 
the  land,  and  printed  copies  thereof  shall  be  prefixed  to  the  books 
containing  the  laws  of  this  state,  in  all  future  editions  thereof. 


IN   CONVENTION, 

HELD  AT  CONCORD,  THE  5tH  DAY  OF  SEPTEMBER,  ANNO  DOMINI  1792. 

The  returns  from  the  several  towns  and  unincorporated  places 
being  examined,  and  it  appearing  that  the  foregoing  Bill  of  Rights 
and  Form  of  Government,  as  amended  by  the  convention,  were 
approved  by  more  than  two  thirds  of  the  qualified  voters  present 
in  town  meetings,  and  voting  upon  the  question ;  the  same  are 
agreed  on  and  established  by  the  delegates  of  the  people  in  con- 
vention, and  declared  to  be  the  civil  constitution  of  the  state  of 
New  Hampshire. 

SAMUEL  LIVERMORE, 
President  of  the  Conventioji. 
Attest — 
.JOHN  CALFE,  Secretary. 

6 


STATE  OF  NEW  HAMPSHIRE. 


IN  THE  YEAR  OF  OUR  LORD  ONE  THOUSAND  EIGHT  HUNDRED 
AND  FORTY-TWO. 


REVISED    STATUTES 


OF    THE 


0tate  of  NeiD  §amp6l)ire. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives 
IN  General  Court  convened,  as  follows  : 

TITLE  I. 

OF  STATUTES  AND  LEGISLATIVE  PROCEEDINGS. 


Chapter  1.    Of  the  construction  of  statutes. 

Chapter  2.  Of  applications  to  and  proceedings  before  the  legisla- 
ture. 

Chapter  3.  Of  the  publication  and  distribution  of  statutes  and 
journals. 

Chapter  4.  Of  the  public  printer  and  public  printing. 


CHAPTER  1. 


OF  THE  CONSTRUCTION  OF  STATUTES. 


Section 

1.  Construction  of  number. 

2.  "  "    gender. 

3.  "  "    the    words      "-^  state" 
and  '■'■United  States." 

4.  "  "    word  '■'■town." 

5.  "  "    word  ^' inhabitant." 

6.  "  "    words  "  annual  meet- 
ing." 


Section 
7.  Construction  of  the  words   "  month' 


and  '■'■year." 

8. 

n 

"    word  ^^  person." 

9. 

" 

"    word  "seal." 

10. 

" 

"    word  '■^justice." 

11. 

t( 

"    words     '■'■preceding 

or  '■^foUotoing." 

12. 

(( 

"    "    said"  and  '■'■such. 

44 


CONSTRUCTION    OF    STATUTES. 


[title  I. 


Skction 

13.  Authority  of  public  officers  to  be  ex- 
ercised by  a  majority. 

14.  Construction  of  words  '■^ grantor"  and 
"grantee." 

15.  "  "        "    insane  ■person." 

16.  "  "    word"is5Me." 

17.  "  "    words    "land"     and 
"  real  estate." 

Id.  "  "    word"jcf//." 

U'.  "  "    words   "written"   or 

"  in  icriting." 
90.  "  »    word  "uat/i." 


Section 

21.  Construction  of  word  "highway." 

22.  "  "    word  "  coMn< J/." 

23.  "  "    word  "  selectmen." 

24.  "  "    words ''cowrt,""o/- 
Jicer,"  &c. 

25.  Computation  of  time. 

26.  Repeal,  effect  of,  in  civil  cases. 

27.  "  "       "    in  criminal  cases. 

28.  "       not  to  revive  acts  repealed. 

29.  Statutes,  when  to  take  effect. 

30.  Rules  above,  when  to  be  applied. 


Section  1,  Every  word  importing  either  the  singular  or  plural 
number,  may  extend  and  be  applied  to  one  or  more  than  one  per- 
son or  thing. 

Sec.  2.  Every  word  importing  the  masculine  gender,  may  ex- 
tend and  be  applied  to  females. 

Sec.  3.  The  word  "  state^^  when  applied  to  diiferent  parts  of 
the  United  States,  may  be  construed  to  extend  to  and  include  the 
District  of  Columbia  and  the  several  territories,  so  called,  and  the 
words  "  United  States"  shall  be  construed  to  include  said  district 
and  territories, 

Sec.  4.  The  word  "  toion''^  may  be  construed  to  extend  and  be 
applied  to  any  place  incorporated,  or  the  inhabitants  of  which  are 
required  to  pay  any  tax,  and  may  mean  that  town  in  which  the 
subject  matter  referred  to  is  situate,  or  in  which  the  persons  refer- 
red to  are  residents. 

Sec  5.  The  word  "  inhahitanV^  may  be  construed  to  mean  a 
resident,  or  person  dwelling  and  having  his  home. 

Sec.  6.  The  words  "  annual  meeting-^'  when  applied  to  towns, 
maybe  construed  to  mean  the  annual  meeting  required  by  law  to 
be  holden  in  the  month  of  March. 

Sec  7.  The  words  "  montJi'^  and  ''  year''''  shall  be  construed  to 
mean  a  calendar  month  or  year,  unless  otherwise  expressed,  and 
the  word  "  ?/c«r"  shall  be  equivalent  to  the  expression  "  year  of 
our  Lord." 

Sec  8.  The  word  ^^ person."  may  extend  and  be  applied  to  bo- 
dies politic  and  corporate,  as  well  as  to  individuals. 

Sec  9.  Whenever  the  seal  of  any  court  or  public  office  is  re- 
quired to  be  affixed  to  any  paper,  the  word  "  seaV^  shall  be  con- 
strued to  include  an  impression  of  such  official  seal  made  upon  the 
paper  alone,  as  well  as  an  impression  made  by  means  of  wax,  or  a 
wafer  affixed  thereto. 

Sec  10.  The  word  ^^ justice,"  when  applied  to  a  magistrate, 
shall  be  construed  to  mean  a  justice  of  the  peace  for  the  county  in 
which  he  resides  and  for  which  he  is  appointed. 

Sec  ]  L  The  words  ^^  preceding"   and  ^'following"   when  used 


CHAP.  1.]  CONSTRUCTION    OF    STATUTES.  45 

by  way  of  reference  to  any  section  of  these  revised  statutes,  shall 
be  construed  to  mean  the  section  next  preceding  or  following  that 
in  which  such  reference  is  made,  unless  some  other  is  expressly 
designated. 

Sec.  12.  The  words  "  sawZ"  and  "  sicch^^  when  used  by  way  of 
reference  to  any  person  or  thing,  shall  apply  to  the  same  person  or 
thing  last  mentioned. 

Sec.  13.  All  words  purporting  to  give  a  joint  authority  to  three 
or  more  public  officers,  shall  be  construed  as  giving  such  authority 
to  a  majority  of  them  unless  otherwise  expressly  declared. 

Sec.  14.  The  word  '■^grantor''''  may  include  every  person  by  or 
from  whom  any  estate  or  interest  in  land  passes,  in  or  by  any  deed, 
and  the  word  '■'•  grantee''^  may  include  every  person  to  whom  any 
such  estate  or  interest  passes  in  like  manner. 

Sec.  15.  The  words  "  insane'''  or  "  insane  person''^  shall  be  con- 
strued to  include  an  idiot,  a  non  compos,  lunatic  or  distracted  person. 

Sec.  16.  The  word  "  issue"  as  applied  to  the  descent  of  estates 
shall  include  all  the  lawful  lineal  descendants  of  the  ancestor. 

Sec.  17.  The  words  "  /awe/,"  "  lands,'''  or  "  real  estate'"  shall 
be  construed  to  include  lands,  tenements  and  hereditaments,  and 
all  rights  thereto  and  interests  therein. 

Sec  18.  The  term  "  loill  "  shall  be  construed  to  include  codi- 
cils as  well  as  wills. 

Sec.  19.  The  words  "  written'"  or  "  in  iDriting'"  may  include 
printing,  excepting  when  the  written  signature  of  a  person  is  re- 
quired. 

Sec  20.  The  word  "  oatlV  shall  be  construed  to  include  "  af- 
firmations''' in  all  cases  where  an  affirmation  may  be  substituted 
for  an  oath,  and  in  like  cases  the  word  "  sicorn''''  shall  be  construed 
to  include  the  word  ''  affirmed." 

Sec  21.  The  word  "  hightvay"  or  "  road"  shall  be  construed  to 
include  all  bridges  thereon. 

Sec  22.  The  word  "  county"  may  be  construed  to  mean  the 
county  in  which  the  subject  matter  referred  to  is  situate,  belongs, 
or  is  cognizable. 

Sec  23.  The  word  "  selectmen"  may  be  construed  to  mean  the 
selectmen  of  the  town  to  which  the  subject  matter  to  be  acted  upon 
belongs,  or  in  which  it  is  situate. 

Sec  24.  When  any  court,  officer  or  board  is  named  by  their 
official  title,  such  designation  shall  be  construed  to  apply  to  the 
court,  officer  or  board  of  the  county,  town  or  district,  within  and 
for  which  they  are  qualified  to  act  in  such  capacity. 

Sec  25.  When  time  is  to  be  reckoned  from  any  day,  date,  act 
done,  or  the  time  of  any  act  done  either  by  force  of  law  or  by  virtue 
of  any  contract  hereafter  made,  such  day,  date  or  the  day  when 
such  act  is  done,  shall  not  be  included  in  such  computation. 

Sec  26.  The  repeal  of  any  act  shall  in  no  case  affect  any  act 
done  or  any  right  accruing,  accrued,  acquired  or  established,  or  any 


46 


PROCEEDINGS    BEFORE    THE    LEGISLATURE.        [TITLE  I. 


suit  or  proceeding  had  or  commenced  in  any  civil  case,  before  the 
time  when  said  repeal  shall  take  effect. 

Sec.  27.  No  suit  or  prosecution  pending  at  the  time  of  the  re- 
peal of  any  act  for  any  offence  committed,  or  for  the  recovery  of 
any  penalty  or  forfeiture  incurred  under  the  act  so  repealed,  shall  in 
any  case  be  affected  by  such  repeal. 

Sec.  28.  The  repeal  of  any  act  shall  not  be  construed  to  revive 
any  other  act  which  has  been  repealed. 

Sec.  29.  Every  act  passed  at  any  session  of  the  general  court 
commencing  in  June,  shall  take  effect  on  the  fifteenth  day  of  Sep- 
tember next  following,  and  every  such  act  passed  at  a  session  com- 
mencing at  any  other  time  shall  take  effect  on  the  fifteenth  day  of 
March  next  following,  unless  a  different  time  be  therein  limited. 

Sec.  30.  The  foregoing  rules  shall  be  observed  in  the  construc- 
tion of  all  statutes,  unless  inconsistent  with  the  manifest  intent  of 
the  legislature  or  the  context  of  the  same  statute. 


CHAPTER  3. 

OF  APPLICATIONS  TO  AND  PROCEEDINGS  BEFORE  THE 
LEGISLATURE. 


Section 

1.  Notice  of  petitions,  how  given  to  indi- 
viduals. 

2.  "         "         "         "  to  towns. 

3.  "  how  served,  and  fees. 

4.  Resolves  to  be  deemed  acts. 


Section 

5.  All  papers,  &c.  to  be  filed  with  secre- 
tary. 

6.  Powers  of  committees  of  the  legisla- 
ture. 


Section  1.  When  any  petition  to  be  presented  to  the  legislature 
affects  the  interests  of  any  person,  notice  thereof  may  be  given  by 
delivering  to  such  person,  or  the  clerk  or  agent  of  any  corporation, 
a  copy  of  said  petition  thirty  days  at  least  before  the  commence- 
ment of  the  session,  or  by  publishing  the  same  three  weeks  succes- 
sively in  some  ncAvspaper  printed  in  the  county  in  which  such  per- 
son resides  or  such  corporation  is  established  :  or  if  no  paper  is 
printed  in  such  county,  or  if  such  person  reside  out  of  the  state, 
then  in  some  newspaper  printed  in  Concord,  the  last  publication  of 
which  shall  be  at  least  fourteen  days  before  said  session. 

Sec.  2.  When  any  such  petition  affects  the  rights  or  interests  of 
any  town,  notice  thereof  may  be  given  by  delivering  a  copy  thereof 
to  the  clerk  and  one  selectman  at  least,  or  leaving  such  copy  at  the 
•  usual  place  of  abode  of  each,  thirty  days  before  the  second  Tues- 
day of  March  next  preceding  the  session  of  the  general  court  to 
which  said  petition  is  returnable. 

Sec.  3.   Such  notice  may  be  served  by  any  person  not  interested 


CHAP.  3.] 


STATUTES    AND    JOURNALS. 


47 


ill  such  petition,  or  a  written  acknowledgement  of  notice  shall  be 
sufficient.  The  person  making  such  service  shall  be  paid  by  the 
petitioner  four  cents  a  mile  for  actual  travel  in  serving  the  same, 
twelve  cents  a  page  for  each  copy,  and  twenty-three  cents  for  each 
service. 

Sec.  4.  All  joint  resolutions  of  the  legislature  requiring  the 
approval  of  the  governor  shall  commence  thus :  Resolved  by  the 
Senate  and  House  of  Representatives  in  General  Court  convened  ; 
and  shall  be  passed  like  acts. 

Sec.  5.  The  clerk  of  the  senate  and  of  the  house  of  represen- 
tatives, at  the  close  of  each  session,  shall  deposit  in  the  office  of 
the  secretary  of  state  all  petitions  and  papers  which  are  not  record- 
ed there,  appertaining  to  the  unfinished  business  of  the  legislature, 
and  the  secretary  shall  receive  and  preserve  the  same,  and  deliver 
them  to  the  clerk  of  each  branch  aforesaid  on  the  first  day  of 
the  session  next  ensuing. 

Sec  6.  Any  senator  or  representative  while  acting  as  a  member 
of  any  committee  of  the  legislature,  may  administer  an  oath  to  any 
person  who  may  be  examined  before  such  committee. 


CHAPTER  3. 

OF  THE  PUBLICATION  AND  DISTRIBUTION  OF  STATUTES  AND 

JOURNALS. 


of  the  statdtes. 
Section 

1.  Original  acts  to  be  deposited  with  se- 

cretary. 

2.  Copy  delivered  to    the  public  printer. 

3.  Printed  statutes,  how  distributed. 

4.  Publication  in  newspapers,  how  made. 

5.  United  States  laws,  how  distributed. 


OF  the   journals. 
Section 

6.  Journals  of  the  legislature  to  be  pre- 

pared. 

7.  Journals,  how  to  be  published. 

8.  Journals,  how  distributed. 

9.  Exchange  of  public  documents. 


Section  1.  The  original  acts  passed  by  the  legislature  shall  be 
deposited  and  preserved  in  the  office  of  the  secretary  of  state. 

Sec  2.  The  secretary,  within  fifteen  days  after  the  close  of  each 
session,  shall  deliver  to  the  public  printer  a  fair  copy  of  all  the 
public  and  private  acts  and  resolutions  passed  at  such  session, 
together  with  a  digested  index  of  the  sections  thereof,  and  of  all 
the  statutes  enacted  after  the  passing  of  the  revised  statutes. 

Sec  3.  The  secretary  shall  deposit  in  his  office  one  copy  of  the 
laws  published  as  aforesaid,  and  shall  annually,  as  soon  as  may  be 
after  their  publication,  distribute  copies,  as  follows : 

To  the  governor ;  to  each  member  of  the  council,  senate  and 


48  STATUTES    AND    JOURNALS.  [tITLE  I. 

house  ;  to  the  secretary  and  treasurer,  for  the  use  of  their  respec- 
tive offices  ;  to  each  of  the  clerks  of  the  senate  and  house ;  to 
each  of  the  justices  of  the  superior  court  of  judicature  and  of  each 
court  of  common  pleas ;  to  each  clerk  of  said  courts  for  the  use  of 
the  court ;  to  each  judge  and  register  of  probate  :  to  the  attorney- 
general  and  each  solicitor  for  the  time  being ;  to  each  of  the 
judges  of  the  circuit  court  of  the  United  States  for  the  district  of 
New  Hampshire  ;  to  each  historical  society  in  the  United  States ; 
to  the  American  Antiquarian  Society  ;  to  each  town  in  the  State  ; 
to  each  unincorporated  town  or  place  in  which  there  shall  be  ten 
or  more  ratable  polls,  inhabitants  therein,  one  copy  ;  to  the  secreta- 
ry of  each  state  and  territory  in  the  United  States,  for  the  use  of 
each  state  or  territory,  three  copies ;  to  the  secretary  of  state  of  the 
United  States  for  the  use  of  the  government  of  the  United  States, 
four  copies  ;  and  shall  deposit  the  residue  in  the  library  of  the  State. 
Sec.  4.  The  secretary  shall  also  cause  all  public  acts  and  re- 
solves to  be  published  in  such  newspapers  as  the  legislature  shall 
from  time  to  time  order,  upon  the  following  conditions : 

1.  Said  laws  shall  be  inserted  in  such  newspapers  in  a  type  not 
less  than  the  brevier  size. 

2.  The  publication  of  the  laws  shall  commence  at  the  close  of 
each  session,  and  be  finished  without  delay,  and  nothing  shall  be 
allowed  for  the  publication  of  any  law  which  shall  be  unreasonably 
delayed. 

3.  No  publisher  shall  receive  any  compensation  for  publishing 
any  part  of  said  laws,  unless  he  has  published  all  the  public  acts  and 
resolves  of  the  preceding  session  of  the  legislature. 

4.  The  publisher  shall  fiurnish  the  treasurer  with  a  file  of  the 
papers  containing  the  acts  and  resolutions  so  published,  and  there- 
upon the  treasurer  shall  issue  his  certificate  thereof,  and  the  gov- 
ernor on  the  receipt  of  such  certificate  shall  draw  his  warrant  npon 
the  treasury  therefor,  at  the  rate  of  forty  cents  for  every  printed 
page  of  the  pamphlet  laws. 

Sec.  5.  The  secretary  shall  deliver  to  each  town  in  the  State  which 
has  not  received  the  same,  for  the  use  of  such  town,  one  copy  of 
the  laws  of  the  United  States  which  are  now  or  may  be  in  his  pos- 
session, and  shall  deposit  the  residue  in  the  library  of  the  State. 

Sec  6.  The  clerks  of  the  senate  and  of  the  house  of  repre- 
sentatives shall  each  lodge  in  the  office  of  the  secretary  of  state, 
within  ninety  days  after  the  close  of  each  session  of  the  legislature, 
a  certified  copy  of  their  journals  respectively,  to  be  deposited  in 
the  state  archives ;  and  also  prepare  a  like  copy  of  their  respective 
journals,  with  a  digested  index  of  the  contents  thereof,  for  the  press, 
and  shall  deliver  the  same  to  the  public  printer  within  thirty  days 
after  the  close  of  such  session. 

Sec.  7.  The  public  printer  shall  print  six  hundred  copies  thereof 
in  a  style  corresponding  with  that  of  the  edition  of  the  year  1841, 
and  shall  deliver  the  same  to  the  secretary  of  state. 


CHAP.  4.]  PUBLIC    PRINTER    AND    PRINTING. 


49 


Sec.  8.  The  secretary,  as  soon  as  may  be  after  such  delivery, 
shall  distribute  the  same  as  follows ;  to  each  person  composing  the 
executive  and  legislative  branches  of  the  government  for  the  time 
being  ;  to  the  secretary  and  treasurer ;  to  each  of  the  clerks  of  the 
senate  and  house ;  to  the  New  Hampshire  Historical  Society ;  to 
the  American  Antiquarian  Society ;  to  each  historical  society  in 
the  United  States  ;  to  each  town  in  the  State  ;  to  each  unincorpo- 
rated place  in  the  State  in  which  there  are  ten  or  more  ratable  polls  ; 
one  copy  each. 

Sec.  9.  The  secretary  shall  cause  twenty-five  copies  additional 
of  all  laws,  resolves  and  public  documents  printed  by  order  of  the 
legislature,  to  be  printed  and  bound,  and  the  governor  may  transmit 
the  same  to  the  agents  of  foreign  countries  in  the  United  States 
authorized  to  make  exchanges  for  the  same. 


CHAPTER  4. 


OF  THE  PUBLIC  PRINTER  AND  PUBLIC  PRINTING. 


Section 

1.  Election  of  the  public  printer. 

2.  Compensation  of  "  " 

3.  Duties  of  "  " 


Section 

4.  Compensation,  how  paid. 
.5.  Compensation  in  other  cases. 


Section  1,  There  shall  be  chosen  during  the  second  week  of 
the  session  in  June  annually,  by  joint  ballot  of  the  senate  and 
house  of  representatives,  a  public  printer,  who  shall  hold  his 
office  for  the  term  of  one  year  and  until  some  other  person  is  elect- 
ed in  his  stead.  He  shall  give  bond  with  sufficient  securities  in  the 
sum  of  one  thousand  dollars  for  the  faithful  performance  of  the 
duties  of  his  office,  and  shall  execute  all  the  printing  for  the  legis- 
lative, executive   and  military  departments  of  the  State. 

Sec.  2.  For  the  faithful  performance  of  his  duties  he  shall  receive" 
the  following  compensation : 

For  furnishing  the  legislature  at  the  commencement  of  each  ses- 
sion, whenever  the  same  shall  be  ordered,  with  three  hundred  print- 
ed copies  of  the  rules  of  both  branches  of  the  legislature,  with 
such  other  matter  as  it  has  been  usual  to  print  therewith,  fifty 
dollars : 

For  all  bills  printed  for  either  branch  of  the  legislature  one  dol- 
lar and  twenty-five  cents  per  page  for  three  hundred  copies  : 

For  all  blanks,  circulars  or  proclamations  for  the  use  of  the  govern 
nor,  secretary,  treasurer,  adjutant  general  or  quarter  master  general, 
printed  on  foolscap  or  letter  paper  costing  not  less  than  four  dollars 
per  ream,  fifty  cents  per  quire  : 

For  furnishing  seven  hundred  copies  of  the  laws  of  each  session 
of  the  legislature,  to  correspond  with  the  edition  of  the  year  1841, 
one  dollar  and  twenty  cents  for  each  page  of  one  copy : 
7 


50 


STATE    HOUSE. 


[title  II. 


For  furnishing  six  hundred  copies  of  the  journals  of  the  senate 
and  house  of  representatives,  to  correspond  with  the  edition  of 
the  year  1841,  ninety  cents  for  eacli  page  of  one  copy: 

And  for  all  other  work  executed  for  the  State,  he  shall  receive  a 
compensation  corresponding  to  the  above  prices,  to  be  determined 
by  the  governor  and  council. 

Sec.  3.  The  public  printer  shall  deliver  to  the  secretary  of  state 
seven  hundred  printed  copies  of  the  laws  aforesaid  within  thirty 
days,  and  six  hundi-ed  printed  copies  of  the  journals  aforesaid  with- 
in sixty  days,  from  the  time  the  copy  thereof  shall  be  placed  in  his 
hands. 

Sec.  4.  The  governor,  with  advice  of  the  council,  shall  draw  his 
warrant  on  the  treasurer  for  such  sums  as  shall  upon  examination  be 
found  due  to  the  public  printer  as  aforesaid. 

Sec.  5.  If  any  public  printing  other  than  the  laws  of  each  ses- 
sion shall  be  ordered  in  any  newspaper,  the  compensation  therefor, 
for  three  insertions  or  less,  shall  be  at  the  rate  of  one  dollar  per 
square  for  the  first  four  squares,  and  forty  cents  per  square  for  the 
remainder,  estimating  each  square  to  contain  one  hundred  and 
seventy-five  words. 


TITLE  II. 

OF  THE  PROPERTY  AND  REVENUE  OF  THE  STATE. 


Chapter    5.  Of  the  state  house. 
Chapter    6.  Of  the  state  library. 
Chapter    7.  Of  the  state  lands. 
Chapter    8.   Of  the  surplus  revenue. 
Chapter    9.  Of  the  asylum  for  the  insane. 
Chapter  10.  Of  the  state  tax. 


CHAPTER  5. 

OF  THE  STATE  HOUSE 


Section 

1.  Keeper  to  be  appointed. 

2.  Repairs,  how  made. 


Section 

3.  Penalty  for  throwing  combustible  mat- 
ter in  yard. 


Section  1.   A  suitable   person  shall  be  appointed  annually,  by 
joint  resolution  of  both  branches  of  the  legislature,  to  take  charge 


CHAP.  6.] 


STATE    LIBRARY. 


51 


of  the  state  house  and  state  house  yard,  to  hold  his  office  for  the 
term  of  one  year  and  until  another  shall  be  appointed. 

Sec.  2.  If  at  any  time  there  is  a  necessity  for  immediate  repairs 
to  the  public  property,  said  keeper  is  authorized,  with  the  consent 
of  the  governor,  to  make  the  same  to  a  reasonable  amount,  and  the 
governor  with  advice  of  council,  may  draw  his  warrant  therefor 
upon  the  treasury. 

Sec.  3.  If  any  person  shall  exhibit  any  fire  works,  or  throw  any 
fireball  or  other  combustible  matter  on  fire,  or  set  any  combustible 
matter  on  fire,  within  the  state  house  yard,  or  aid  in  or  encourage 
the  same,  he  shall  forfeit  a  sum  not  exceeding  ten  dollars,  to  be 
recovered  by  complaint  before  a  justice  to  the  use  of  the  complain- 
ant. 


CHAPTER  6. 


OF  THE  STATE  LIBRARY. 


Section 

1.  Librarian  to  be  appointed. 

2.  Vacancy,  how  filled. 

3.  Duties  of  librarian. 

4.  Compensation  of  librarian. 

5.  Who  may  take  books  from  the  library. 

6.  Regulations  of  the  library. 

7.  Committee  on  the  library. 


Section 

8.  Selection  of  books  for  the  library. 

9.  Books   to  be  labelled,  arranged  and 

entered  on  catalogue. 

10.  Documents   and   pamphlets  may   be 

bound. 

11.  Products  of  nature  and  art  exchan- 

ged. 


Section  1.  A  librarian  of  the  state  library  shall  be  appointed 
annually,  by  joint  resolution  of  both  branches  of  the  legislature,  to 
hold  his  office  for  the  term  of  one  year  and  until  some  other  person 
is  appointed  in  his  stead,  and  before  entering  upon  the  discharge  of 
the  duties  of  his  office  he  shall  be  sworn  to  the  faithful  performance 
thereof. 

Sec.  2.  In  case  of  the  death,  removal  or  resignation  of  the  libra- 
rian, the  executive  shall  make  an  appointment  to  fill  the  vacancy 
until  such  time  as  the  legislature  shall  convene  and  make  a  new 
appointment. 

Sec.  3.  The  librarian  shall  be  in  constant  attendance  in  the  library 
during  each  session  of  the  legislature.  He  shall  cause  all  the  books, 
maps  and  papers  in  the  library  to  be  didy  labelled,  numbered  and 
arranged,  and  shall  keep  a  full  catalogue  of  the  same  arranged 
alphabetically,  which  shall  be  revised  and  corrected  in  the  month 
of  May  annually.  He  shall  keep  a  full  and  exact  account  of  all 
books,  maps  and  papers  which  may  be  taken  from  the  library,  with 
the  names  of  the  persons  to  whom  and  the  time  when  delivered, 
and  shall  report  to  the  governor  within  thirty  days  after  the  close 


52  STATE    LIBRARY.  [TITLE  II. 

of  each  session,  tlie  name  of  each  book,  map  or  paper  which  may 
not  have  been  returned,  with  such  other  information  as  he  may 
think  expedient. 

Sec.  4.  The  compensation  to  the  Ubrarian  during  the  session 
shall  be  the  same  as  that  of  a  member,  and  for  all  other  services  he 
shall  receive  annually  a  reasonable  sum. 

Sec.  5.  Books  may  be  taken  from  the  library  by  the  members 
and  clerks  of  the  house  and  senate  during  each  session,  and  at  all 
times  by  the  governor  and  council,  tlie  judges  of  the  superior  court 
and  the  secretary  and  treasurer  of  the  State.  Any  person  (except 
during  any  session)  may  take  books  therefrom  with  the  consent  of 
the  librarian,  by  depositing  with  him  double  the  value  thereof,  from 
which  any  book  injured  or  lost  shall  be  replaced,  and  a  compen- 
sation paid  the  librarian  for  his  services,  subject  hoAvever  to  such 
rules  as  may  be  prescribed  by  the  committee  on  the  library. 

Sec  6.  No  book,  map  or  paper  shall  be  taken  from  the  library 
by  any  person  without  the  consent  of  the  librarian,  or  without  being 
entered  as  herein  provided.  During  any  session  all  books,  maps  and 
papers  shall  be  returned  to  the  librarian  within  one  week,  at  other 
times  within  one  month,  and  in  all  cases  on  or  before  the  twentieth 
day  of  May  annually. 

Sec.  7.  A  joint  committee  consisting  of  two  members  of  the 
house  to  be  selected  by  the  speaker,  and  one  member  of  the  senate 
to  be  selected  by  the  president,  shall  be  appointed  annually,  who 
with  the  governor  shall  select  and  purchase  books  for  the  library, 
and  the  sum  of  one  hundred  dollars  is  appropriated  for  said  purpose 
annually,  to  be  drawn  by  warrant  from  the  governor  Avith  advice 
of  the  council. 

Sec.  8.  In  selecting  books  for  the  library  care  shall  be  taken  to 
procure  full  sets  of  the  statutes  and  reports  of  the  United  States 
and  of  the  several  states,  state  papers,  history,  statistics,  Avorks  on 
political  economy,  agriculture,  geology,  mineralogy  and  other  arts 
and  sciences,  and  other  Avorks  having  an  important  bearing  upon 
the  business  and  objects  of  legislation,  to  the  exclusion  of  Avorks 
of  fiction. 

Sec  9.  All  books  for  the  library  shall  be  procured  by  the  first 
day  of  January  in  each  year,  and  placed  under  the  care  of  the 
librarian  to  be  by  him  duly  entered,  labelled  and  arranged  in  the 
library,  and  he  shall  cause  a  record  of  the  same  Avith  their  prices  to 
be  made  and  kept  from  year  to  year. 

Sec  10.  The  committee  on  the  library  Avith  the  governor  may 
from  time  to  time,  cause  such  pamphlets,  documents,  papers  and 
manuscripts  belonging  to  the  State  as  they  may  think  proper,  to  be 
suitably  arranged  and  bound  for  preservation  at  the  expense  of  the 
State,  and  the  governor  Avith  advice  of  the  council  may  draAV  his 
Avarrant  on  the  treasurer  therefor. 

Sec  11.  The  sum  of  five  hundred  dollars  is  subject  to  the  draft 
of  the  governor  Avith  advice  of  the  council  upon  the   treasurer,  for 


CHAP.  7.] 


STATE    LANDS. 


53 


the  collection,  preservation  and  exchange  of  original  specimens  of 
natural  history  and  the  productions  of  useful  arts,  to  be  expended 
mider  the  direction  of  the  governor. 


CHAPTER  7. 


OF  THE  STATE  LANDS. 


Section 

1.  Land  commissioners  appointed. 
3.  Land,  how  sold  and  conveyed. 
3.  Deeds  recorded  by  secretary. 


Section 

4.  Compensation  of  commissioners. 

5.  Commissioner  to  make  report  and  pay 

over  money. 


Section  1.  The  governor  with  the  advice  of  the  council  may 
appoint  some  suitable  person  or  persons,  not  exceeding  two,  as  land 
commissioners,  who  shall  be  sworn  to  the  faithful  performance  of 
the  duties  of  said  office,  and  shall  hold  .their  office  during  the  plea- 
sure of  the  executive  for  the  time  being. 

Sec.  2.  Said  commissioners  shall  advertise  and  sell  such  and  so 
much  of  the  public  land  of  the  State  as  they  think  expedient,  or 
sell  or  lease  the  same  at  private  sale,  and  execute  deeds  thereof 
which  shall  be  eifectual  to  convey  all  the  right  and  title  of  this 
State  therein,  except  the  right  of  jurisdiction. 

Sec.  3.  All  deeds  of  state  lands  executed  by  any  officer  in  behalf 
of  the  State,  shall  be  recorded  in  the  records  of  the  State  by  the 
secretary,  and  no  such  deed,  nor  any  lease  nor  other  conveyance  of 
any  interest  in  such  lands  shall  be  of  any  effect,  unless  recorded  as 
aforesaid  within  one  year  from  the  date  of  the  same. 

Sec  4.  All  the  expenses  of  surveying  and  conveying  such  land 
shall  be  paid  by  the  person  to  whom  the  same  shall  be  conveyed, 
and  the  commissioners  shall  receive  six  per  cent,  of  the  proceeds  of 
the  sales  of  all  such  lands  paid  into  the  treasury,  in  full  compensa- 
tion for  their  services. 

Sec  5.  Every  commissioner  shall  deposit  all  money  or  securities 
by  him  received,  as  soon  as  may  be  after  their  receipt,  with  the 
treasurer  of  the  State,  deducting  the  six  per  cent,  aforesaid,  and  shall 
also  annually,  in  the  month  of  June,  make  report  to  the  governor 
of  all  lands  by  him  sold  and  conveyed  as  aforesaid,  the  quantity, 
value,  location  and  description  of  the  same,  and  such  other  informa- 
tion upon  the  subject  as  may  be  deemed  useful. 


54 


SURPLUS    REVENUE. 


[title  II. 


CHAPTER  8. 


OF  THE  SURPLUS  REVENUE. 


Section 

1.  Town  liable  for  surplus  revenue. 

2.  Penalty  for  neglect  to  repay. 

3.  Disposal  of  same  by  town. 

4.  Share  not  called  for  to  be  loaned. 


Section 

5.  Share  of  unincorporated  places  to  be 

loaned. 

6.  Such  shares,  how  received  afterwards, 

7.  When  recalled  by  United  States,  how 

paid. 


vSection  1.  Every  town  or  place  in  this  State  that  has  received, 
or  shall  receive  any  portion  of  the  public  money  of  the  United 
States  deposited  with  this  State,  shall  be  accountable  for  the  return 
of  the  same  or  any  part  thereof,  whenever  called  for  by  the  treasu- 
rer of  this  State  upon  the  requisition  of  the  United  States. 

Sec.  2,  If  any  town  or  place  refuses  or  neglects  to  pay  the  same 
on  demand,  the  treasurer  may  issue  his  extent  against  such  town 
or  place  for  their  proportion  of  said  money,  and  the  persons  from 
whom  said  sum  shall  be  levied,  shall  have  contribution  against  the 
other  inhabitants  or  owners  of  property  situate  in  said  town  for  the 
sum  so  levied,  and  for  all  costs  and  damages  sustained,  with  dou- 
ble costs  of  suit. 

Sec.  3.  Any  town  or  place,  at  a  legal  meeting  for  that  pm'pose, 
may  make  such  disposition  of  the  public  money  therewith  deposit- 
ed as  shall  be  deemed  equitable  and  expedient. 

Sec.  4.  If  any  town  or  place  has  neglected  or  shall  neglect  to 
receive  its  proportion  of  the  public  money  aforesaid,  the  treasurer 
shall  loan  the  same,  taking  such  security  therefor  as  shall  be  ap- 
proved by  the  governor.  All  interest  which  shall  so  accrue  shall 
be  divided  among  all  such  towns  ratably,  and  shall  be  paid  over 
to  them  annually  when  their  state  tax  shall  be  paid. 

Sec.  5.  The  treasurer  shall  also  loan  in  the  same  manner,  for 
the  benefit  of  the  unincorporated  places  in  this  State,  their  propor- 
tion of  the  public  money  aforesaid,  and  shall  pay  over  their  resj^ec- 
tive  proportions  of  the  interest  accruing  thereon  in  the  same  man- 
ner as  the  literary  fund  is  paid. 

Sec  6.  When  any  unincorporated  place  shall  become  incorpo- 
rated or  annexed  to  any  town,  or  when  any  town  which  has  not 
received  its  proportion,  at  a  meeting  warned  and  holden  for  the 
purpose,  shall  vote  to  receive  the  same  and  pledge  the  faith  and  se- 
curity of  the  town  for  its  safe-keeping  and  repayment  on  demand, 
and  appoint  an  agent  authorized  to  receive  tJie  same  and  execute 
such  a  certificate  of  deposit  therefor  as  has  been  given  by  other 
towns,  and  shall  give  to  the  treasurer  six  months  notice  thereof, 
the  treasurer  shall  pay  over  to  such  agent  the  amount  retained  for 
such  town  or  place,   and  all   interest   which  has  accrued  thereon. 


CHAP.  9.] 


ASYLUM    FOR    THE     INSANE. 


upon  receiving  an  attested  copy  of  the  records  of  the  proceedings 
of  the  meeting  of  said  town  or  place  authorizing  said  agent  to  re- 
ceive said  money,  and  the  certificate  of  deposit  executed  by  said 
agent  in  the  manner  aforesaid. 

Sec.  7.  Whenever  any  portion  of  the  public  money  thus  depos- 
ited shall  be  recalled  by  the  United  States,  the  treasurer  of  the 
State,  upon  a  warrant  of  the  governor  with  advice  of  the  council, 
shall  repay  the  same  out  of  any  money  in  the  treasury,  and,  if  the 
same  is  not  sufficient,  the  treasurer,  with  the  consent  of  the  govern- 
or, is  authorized  to  borrow  such  sum  as  may  be  necessary  therefor 
at  a  rate  of  interest  not  exceeding  six  percent.,  and  shall  repay  said 
loans  with  the  interest  thereon  whenever  payable,  out  of  any  mo- 
ney in  the  treasury  not  otherwise  appropriated. 


CHAPTER  9. 


OF  THE  ASYLUM  FOR  THE  INSANE. 


Section 

1.  Corporate  name  of  the  asylum. 

2.  Trustees,  how  appointed. 

3.  Tenure  of  office  of  trustees. 

4.  Trustees  to  manage  the  affairs  of  the 

asylum. 

5.  Trustees  to  appoint  officers,  &c. 

6.  Trustees  not  to  receive  compensation. 

7.  Trustees  to  make  by-laws  and  regula- 

tions. 

8.  Trustees  may  hold  property  in  trust. 
0.  Trustees  shall  make  report  annually. 

10.  Board  of  visitors,  and  their  duties. 


Section 

11.  Persons  dangerous  to  beat  large  may 

be  sent  to  the  asylum. 

12.  Insane  persons  confined  in  jail  may 

be  sent. 

13.  Insane  paupers,  how  sent  by  town. 

14.  Insane  county  paupers  may  be  sent 
by  court  of  common  pleas 

15.  Support  of  insane  committed  by  court. 

16.  Parent,  guardian,  &c.,  may  send. 

17.  How  discharged  from  the  asylum. 

18.  Property  of  asylum  e.xempt  from  tax- 

ation. 


Section  1.  The  insane  asylum  at  Concord  is  hereby  declared  to 
be  a  corporation  under  the  name  of  The  Neiv  Hampshire  Asylum 
for  the  hisane. 

Sec  2.  The  govermnentof  the  asylum  shall  be  vested  in  twelve 
trustees,  to  be  appointed  and  commissioned  by  the  governor  with 
the  advice  of  the  council,  and  all  vacancies  shall  be  filled  in  the 
same  manner. 

Sec  3.  The  trustees  shall  be  classified  and  commissioned  in 
such  a  manner  that  the  ofiices  of  three  trustees  shall  become  va- 
cant annually. 

Sec  4.  The  trustees  shall  take  charge  of  the  property  and  con- 
cerns of  the  asylum ;  shall  see  that  its  affairs  are  conducted  proper- 
ly ;  may  enter  into  and  bind  the  asylum  by  such  contracts  relative 
to  the  support  of  patients  and  the  affairs  of  the  asylum,  as  they  may 


56  ASYLUM    FOR    THE    INSANE.  [TITLE    II. 

deem  advantageous,  and  may  receive,  appropriate,  control,  convey 
or  invest  any  property  given  to  or  owned  by  the  asylmn  in  siicli 
manner  as  they  may  think  expedient. 

Sec.  5.  The  trustees  shall  appoint  a  secretary  who  shall  keep  a 
full  and  fair  record  of  their  proceedings  ;  a  treasurer  who  shall  give 
bond  for  the  faithful  discharge  of  his  duty ;  and  such  physicians, 
officers  and  assistants,  with  such  salaries  and  allowances  as  may  be 
from  time  to  time  found  necessary. 

Sec.  6.  No  trustee  shall  receive  any  compensation  for  his  ser- 
vices as  trustee,  but  expenses  necessarily  incurred  by  him  shall  be 
paid  by  the  asylum. 

Sec.  7.  The  trustees  may  make  such  regulations  for  their  own 
government,  for  the  government  of  the  asylum  and  all  persons  con- 
nected therewith,  and  for  the  admission  and  care  of  patients,  and 
the  same  may  from  time  to  time  alter,  as  convenience  may  require. 

Sec  8.  The  trustees  may  take  and  hold  in  trust  for  the  asylum 
any  grant  or  devise  of  real  estate,  or  any  donation  or  bequest  of 
personal  property,  and  may  apply  the  same,  unless  otherwise  re- 
stricted, to  lessen  the  expenses  of  the  indigent  insane. 

Sec  9.  The  trustees  shall  make  to  the  legislature  annually  a 
report  of  the  receipts  and  expenditures  of  the  asylum,  the  number 
of  patients  admitted  and  discharged  during  the  year,  and  all  other 
matters  connected  with  the  general  interests  of  the  asylum. 

Sec.  10.  The  governor  and  council,  the  president  of  the  senate 
and  speaker  of  the  house  of  representatives  for  the  time  being, 
shall  constitute  the  board  of  visitors  of  the  asylum ;  shall  visit  and 
inspect  the  same  when  necessary  ;  shall  examine  into  the  condition 
of  the  patients  and  the  regulations  and  general  management  of  the 
asylum ;  shall  see  that  the  design  thereof  is  carried  into  full  effect, 
and  make  report  to  the  legislature  when  they  may  think  proper. 

Sec  11.  If  any  insane  person  is  in  such  condition  as  to  render 
it  dangerous  that  he  should  be  at  large,  the  judge  of  probate  upon 
petition  by  any  person,  and  such  notice  to  the  selectmen  of  the 
town  in  which  such  insane  person  is,  or  to  his  guardian  or  any 
other  person,  as  the  judge  may  order,  which  petition  may  be  filed, 
notice  issued  and  a  hearing  had  in  vacation  or  otherwise,  may 
3ommit  such  insane  person  to  the  asylum. 

Sec  12.  If  any  insane  person  is  confined  in  any  jail,  the  court 
of  common  pleas  may  order  him  to  be  sent  to  the  asylum  if  they 
shall  think  it  expedient. 

Sec  13.  Any  insane  pauper  supported  by  any  town,  may  be 
sent  to  the  asylum  by  the  order  of  the  overseers  of  the  poor  of 
such  town,  and  there  supported  at  the  expense  of  such  town,  and 
such  expense  may  be  recovered  by  such  town  of  the  county,  town 
or  person  chargeable  with  the  support  of  such  pauper,  in  the  same 
manner  as  if  he  had  been  supported  in  and  by  the  town. 

Sec  14.  If  the  overseers  neglect  to  make  such  order  in  relation 
to  any  insane  county  pauper,  the  court  of  common  pleas  or  any 


CHAP.   10] 


STATE    TAX. 


57 


two  judges  tliereof  in  vacation,  may  order  such  pauper  to  be  sent 
to  the  asyhun  and  there  supported  at  the  expense  of  the  county. 

Sec.  15.  Any  insane  person  committed  to  the  asyhmi  by  any 
court  or  judge  of  probate,  shall  be  supported  by  the  coimty  from 
which  he  was  committed,  and  any  sum  so  paid  may  be  recov- 
ered by  the  county  of  any  county,  town  or  person  chargeable  with 
his  support. 

Sec.  16.  The  parent,  guardian  or  friends  of  any  insane  person 
may  cause  him  to  be  sent  to  the  asylum  with  the  consent  of  the 
trustees,  and  there  supported  on  such  ferms  as  they  may  agree. 

Sec.  17.  Any  person  committed  to  the  asylum  may  be  dis- 
charged by  any  three  of  the  trustees,  or  by  any  justice  of  the  su- 
perior court,  whenever  the  cause  of  commitment  ceases  or  a  fur- 
ther residence  at  the  asylum  is  in  their  opinion  not  necessary. 

Sec  18.  The  property  of  the  asylum  is  exempted  from  taxa- 
tion. 


CHAPTER  10. 


OF  THE   STATE  TAX. 


Section 

1.  Proportion  of  public  taxes. 

2.  Warrant  therefor  to  be  issued. 


Section 
3.  Delinquencies  to  be  reported. 


Section  1.  Of  every  thousand  dollars  of  public  taxes  hereafter 
to  be  raised  the  proportion  which  each  town  and  place  shall  pay 
annually,  shall  be  as  follows  : 

COUNTY  OF  ROCKINGHAM. 


Atkinson, 
Brentwood, 
Candia, 
Chester, 
Danville, 
Deerfield, 
Derry, 

East  Kingston, 
Epping, 
Exeter, 
Greenland, 
Hampstead, 
Hampton, 
Hampton  Falls, 
Kensington, 
8 


two  dollars  thirty-five  cents, 

three  dollars  sixty  cents, 

four  dollars  nine  cents, 

six  dollars  thirty-eight  cents, 

two  dollars, 

six  dollars  fifty  cents, 

eight  dollars  forty-three  cents, 

two  dollars  fifty-two  cents, 

six  dollars  fourteen  cents, 

eleven  dollars, 

three  dollars  three  cents, 

three  dollars  thirty  cents, 

four  dollars  seventy-two  cents, 

three  dollars  thirty-six  cents, 

three  dollars  thirty-nine  cents, 


12-35 
3-60 
409 
6-38 
2-00 
6-50 
8-43 
2-52 
614 

1100 
303 
3-30 
4-72 
3-36 
3-39 


58 


STATE    TAX. 


[title    II. 


Kingston, 

Londonderry, 

Newcastle, 

Newington, 

New  Market, 

Newtown, 

North  Hampton, 

Northwood, 

Nottingham, 

Plaistow, 

Poplin, 

Portsmouth, 

Raymond, 

Rye, 

Salem, 

Sandown, 

Seabrook, 

South  Hampton, 

Stratham, 

Windham, 


Barrington, 

Dover, 

Durham, 

Farmington, 

Lee, 

Madbury, 

Middleton, 

Milton, 

New  Durham, 

Rochester, 

Somersworth, 

Strafford, 


Alton, 
Barnstead, 
Centre  Harbor, 
Gilford, 
Gilmanton, 
Meredith, 
New  Hampton, 
Sanbornton, 


four  dollars  one  cent,  4-01 

five  dollars  eight  cents,  5-08 

one  dollar  seventy-eight  cents,  1-78 

one  dollar  ninety-eight  cents,  1-98 

eight  dollars  eighty-seven  cents,  8-87 

one  dollar  seventy-eight  cents,  1-78 

three  dollars  thirty-nine  cents,  3  39 

four  dollars  thirty-two  cents,  4-32 

four  dollars  twenty-eight  cents,  4-28 

two  dollars  seventy  cents,  2-70 

one  dollar  ninety  cents,  1-90 

forty-two  dollars  eighty-five  cents,  42-85 

three  dollars,  3*00 

three  dollars  seventy-four  cents,  3-74 

four  dollars  seventy-five  cents,  4-75 

two  dollars  thirty-two  cents,  2*32 

three  dollars  seven  cents,  3-07 

two  dollars  seventy-two  cents,  2*72 

three  dollars  eighty-nine  cents,  3*89 

three  dollars  three  cents,  3-03 

1180-27 

COUNTY  OF  STRAFFORD. 

five  dollars  thirty-six  cents,  $5*36 

thirty  dollars  ninety-eight  cents,  30-98 

five  dollars  sixty  cents,  5-60 

four  dollars  ninety-five  cents,  4-95 

three  dollars  twenty  cents,  3-20 

two  dollars  fifty-five  cents,  2-55 

one  dollar  nine  cents,  1-09 

three  dollars  sixty-five  cents,  3-65 

two  dollars  ninety-two  cents,  2-92 

eight  dollars  ninety-three  cents,  8-93 

twelve  dollars  eighty-one  cents,  12-81 

five  dollars  sixty-four  cents,  5-64 

$87-68 

COUNTY  OF  BELKNAP. 

five  dollars  forty  cents,  $5*40 

five  dollars  forty-eight  cents,  5-48 

one  dollar  sixty  cents,  1*60 

six  dollars  eighteen  cents,  6-18 

eleven  dollars  fifteen  cents,  11-15 

nine  dollars  eighty  cents,  9-80 

four  dollars  eighty  cents,  4-80 

nine  dollars  fifty-five  cents,  9-55 


$53-96 


CHAP.   10.] 


Albany, 

Brookfield, 

Chatham, 

Conway, 

Eaton, 

Effingham, 

Freedom, 

Moul  tonborough, 

Ossipee, 

Sandwich, 

Tamworth, 

Tuftonborough, 

Walcefield, 

Wolfborough, 


Allenstown, 

Andover, 

Boscawen, 

Bow, 

Bradford, 

Canterbmy, 

Chichester, 

Concord, 

Dmibarton, 

Epsom, 

Franklin, 

Henniker, 

Hooksett, 

Hopkinton, 

Loudon, 

Newbury, 

New  London, 

Northfield, 

Pembroke, 

Pittsfield, 

Salisbmy, 

Sutton, 

Warner, 

Wilmot, 


STATE    TAX. 

COUNTY  OF  CARROLL. 

sixty-eight  cents, 

one  dollar  sixty-five  cents, 

one  dollar  sixteen  cents, 

four  dollars  seven  cents, 

two  dollars  ninety-five  cents, 

two  dollars  ninety-two  cents, 

two  dollars, 

three  dollars  sixty-five  cents, 

three  dollars  eighty-six  cents, 

six  dollars  twenty-five  cents, 

three  dollars  twenty-seven  cents, 

three  dollars  sixty-three  cents, 

three  dollars  forty-foiu:  cents, 

five  dollars  five  cents, 


COUNTY  OF  MERRIMACK. 

one  dollar  fifteen  cents, 
three  dollars  sixty-nine  cents, 
seven  dollars  eighty  cents, 
three  dollars  thirty-four  cents, 
three  dollars  ninety-cents, 
six  dollars, 

tlii-ee  dollars  ten  cents, 
twenty  dollars, 
three  dollars  forty-five  cents, 
three  dollars  thirty-four  cents, 
four  dollars  ninety-four  cents, 
seven  dollars  twenty-four  cents, 
three  dollars  sixty  cents, 
eight  dollars  nineteen  cents, 
five  dollars  ninety  cents, 
two  dollars  thirty-five  cents, 
three  dollars  thirty-foiu'  cents, 
four  dollars  fifty-two  cents, 
four  dollars  eighty-eight  cents, 
five  dollars  fom*  cents, 
four  dollars  ninety-six  cents, 
foiu:  dollars  five  cents, 
six  dollars  eighty-five  cents, 
two  dollars  eighty-seven  cents. 


59 


$0-68 
1-65 
1-16 
407 
2-95 
2-92 
200 
3-65 
3-86 
6-25 
3-27 
3-63 
3-44 
5-05 

$44-58 


115 
3-69 

7-80 
3-34 
3-90 
600 
310 
2000 
3-45 
3-34 
4-94 
7-24 
3-60 
819 
5-90 
2-35 
3-34 
4-52 
4-88 
504 
4-96 
405 
6-85 
2-87 

1124-50 


60 


STATE    TAX. 


[title    II. 


COUNTY  OF  HILLSBOROUGH. 

Amherst,  six  dollars  thirty-four  cents,  $6-34 

Antrim,  four  dollars  sixty-nine  cents,  4-69 

Bennington,  one  dollar  eighty-nine  cents,  1'89 

Bedford,  five  dollars  ninety-eight  cents,  5*98 

Brookline,  one  dollar  ninety-four  cents,  1*94 

Deering,  fom*  dollars  sixty-eight  cents,  4-68 

Francestown,  six  dollars  forty  cents,  6-40 

Goffstown,  seven  dollars  ninety-four  cents,  7-94 

Greenfield,  two  dollars  ninety-two  cents,  2-92 

Hancock,  four  dollars  seventy-eight  cents,  4-78 

Hillsborough,  seven  dollars  seventeen  cents,  7' 17 

Hollis,  five  dollars  seventy-nine  cents,  5-79 

Hudson,  four  dollars  eighty-one  cents,  4-81 

Litchfield,  two  dollars  tweuty-seven  cents,  2-27 

Lyndeborough,  three  dollars  eighty-one  cents,  3-81 

Manchester,  ten  dollars  ninety-nine  cents,  10-99 

Mason,  four  dollars  fifty  cents,  4-50 

Merrimack,  four  dollars  thirty  cents,  4*30 

Milford,  five  dollars  sixty-four  cents,  5  64 

Mont  Vernon,  two  dollars  forty-one  cents,  2-41 

Nashua,  sixteen  dollars  fifty-four  cents,  16'54 

Nashville,  eleven  dollars  ninety-six  cents,  11*96 

New  Boston,  six  dollars  fifty  cents,  6-50 

New  Ipswich,  six  dollars  fifty-eight  cents,  6-58 

Pelham,  five  dollars  twenty-nine  cents,  5-29 

Peterborough,  eight  dollars  seventeen  cents,  8*17 

Sharon,  one  dollar  fifty-six  cents,  1*56 

Temple,  two  dollars  forty-five  cents,  2*45 

Weare,  eight  dollars  thirty  cents,  8*30 

Wilton,  four  dollars  fifty-five  cents,  4-55 

Windsor,  seventy-five  cents,  0-75 

$171-90 

COUNTY  OF  CHESHIRE. 

Alstead,  five  dollars  forty-three  cents,  $5'43 

Chesterfield,  six  dollars  forty-nine  cents,  6*49 

Dublin,  four  dollars  sLxty-seven  cents,  4-67 

Fitzwilliam,  five  dollars  twenty-five  cents,  5*25 

Gilsum,  two  dollars  eighteen  cents,  2-18 

Hinsdale,  four  dollars  twenty-^one  cents,  4-21 

Jaffrey,  six  dollars  thirty-three  cents,  6-33 

Keene,  fourteen  dollars  twenty-one  cents,  14-21 

Marlborough,  two  dollars  eighty  cents,  2*80 

Marlow,  two  dollars  fifty-five  cents,  2-55 

Nelson,  three  dollars  two  cents,  3-02 

Richmond,  three  dollars  eighty-four  cents,  3-84 


CHAP.  10.] 


STATE    TAX. 


61 


Rindge, 

Roxbury, 

Stoddard, 

Sullivan, 

Surry, 

Swanzey, 

Troy, 

Walpole, 

Westmoreland, 

Winchester, 


four  dollars  ninety  cents, 
one  dollar  eight  cents, 
four  dollars  twenty-cents, 
two  dollars  thirty-nine  cents, 
two  dollars  five  cents, 
five  dollars  eighty-one  cents, 
two  dollars  forty-five  cents, 
eleven  dollars  sixty-nine  cents, 
five  dollars  ninety  cents, 
seven  dollars  eighteen  cents, 


COUNTY  OF  SULLIVAN. 


4-90 
1-OS 
4-20 
2-39 
2-05 
5-81 
2-45 
11-69 
5-90 
7-18 

$108-63 


Acworth, 

five  dollars  twenty-five  cents. 

$5-25 

Charlestown, 

ten  dollars  twenty  cents. 

10-20 

Claremont, 

sixteen  dollars  sixty-nine  cents, 

16-69 

Cornish, 

six  dollars  sixty-two  cents, 

6-62 

Croydon, 

three  dollars  three  cents, 

3-03 

Grantham, 

three  dollars, 

3-00 

Goshen, 

two  dollars  two  cents. 

2-02 

Langdon, 

three  dollars  thirty  cents, 

3-30 

Lempster, 

three  dollars. 

3-00 

Newport, 

seven  dollars  fifty  cents. 

7-50 

Plainfield, 

six  dollars  forty  cents. 

6-40 

Springfield, 

two  dollars  eighty  cents. 

2-80 

Unity, 

four  dollars. 

4-00 

Washington, 

three  dollars  twenty-five  cents, 

3-25 

Wendell, 

two  dollars  five  cents, 

2-05 

COUNTY  OF  GRAFTON. 

Alexandria,  two  dollars  sixty-seven  cents, 

Bath,  five  dollars  eighty-seven  cents, 

Benton,  ninety-four  cents, 

Bethlehem,  one  dollar  ninety-three  cents, 

Bridgewater,  one  dollar  seventy-one  cents, 

Bristol,  three  dollars  seven  cents, 

Campton,  three  dollars  sixty-four  cents, 

Canaan,  four  dollars  thirty  cents, 

Danbury,  one  dollar  sixty-nine  cents, 

Dame's  Gore,  twenty-foiu  cents, 

Dorchester,  one  dollar  fifty-nine  cents, 

Ellsworth,  thirty-five  cents, 

Enfield,  five  dollars  eighty-seven  cents, 

Franconia,  one  dollar  seventy-one  cents, 

Grafton,  three  dollars  five  cents, 


$7911 


$2-67 
5-87 
0-94 
1-93 
1-71 
3-07 
3-64 
4-30 
1-69 
0-24 
1-59 
0-35 
5-87 
1-71 
3-05 


62 


STATE    TAX. 


[title  H. 


Groton, 

Hanover, 

Haverhill, 

Hebron, 

Hill, 

Holderness, 

Landaff, 

Lebanon, 

Lincoln, 

Lisbon, 

Littleton, 

Lyman, 

Lyme, 

Orange, 

Orford, 

Piermont, 

Plymouth, 

Rumney, 

Thornton, 

Warren, 

Waterville, 

Went  worth, 

Woodstock, 


one  dollar  sixty-nine  cents, 

eight  dollars  twenty  cents, 

eight  dollars  eighty-one  cents, 

one  dollar  fifty-six  cents, 

two  dollars  seventy-six  cents, 

four  dollars  five  cents, 

two  dollars  seventy-nine  cents, 

eight  dollars  ninety-one  cents, 

twenty-four  cents, 

four  dollars  thirty-eight  cents, 

four  dollars  eighty-two  cents, 

four  dollars  three  cents, 

seven  dollars  twenty-four  cents, 

seventy-four  cents, 

seven  dollars  fifteen  cents, 

three  dollars  forty-four  cents, 

three  dollars  fifty-three  cents, 

three  dollars  eighteen  cents, 

two  dollars  forty-nine  cents, 

two  dollars  seven  cents, 

twenty-two  cents, 

two  dollars  eighty-three  cents, 

seventy-four  cents. 


COUNTY  OF  COOS. 


Bartlett, 

Berlin, 

Bean's  Purchase, 

Cambridge, 

Carroll, 

Clarksville, 

Colebrook, 

Columbia, 

Chandler's  Purchase,  one  cent, 

Crawford's  Purchase,  one  cent 


one  dollar  fifty-three  cents, 

forty  cents, 

four  cents, 

twenty-six  cents, 

seventy-three  cents, 

twenty-cents, 

one  dollar  seventy-five  cents, 

one  dollar  twenty-eight  cents. 


Dalton, 

Dixville, 

Dix's  Grant, 

Dummer, 

Errol, 

Ervin's  Location, 

Green's  Grant, 

Gorham, 


one  dollar  fifty  cents, 

thirteen  cents, 

six  cents, 

twenty-four  cents, 

thirty-two  cents, 

two  cents, 

one  cent, 

thirty  cents, 

Grant  to  Gilmanton  and  Atkinson  Academies,  six  cents. 
Hart's  Location,      six  cents, 
Hale's  Location,     three  cents. 


1-69 
8-20 
8-81 
1-56 
2-76 
405 
2-79 
8-91 
0  24 
4-38 
4-82 
403 
7-24 
0-74 
7-15 
3-44 
3-53 
3-18 
2-49 
2-07 
0.22 
2-83 
0-74 

$124-60 


$  1-53 
0-40 
004 
0.26 
0-73 
0-20 
1-75 
128 
001 
001 
1-60 
013 
006 
0-24 
0-32 
002 
001 
0-30 
006 
006 
003 


CHAP.   10.]  STATE    TAX.  63 

Jackson,                   one  dollar  five  cents,  1-05 

Jefferson,                  one  dollar  thirteen  cents,  1-13 

Kilkenny,                three  cents,  0-03 

Lancaster,                three  dollars  ninety-three  cents,  3-93 

Low  and  Burbank's  Grant,  six  cents,  0-06 

Martin's  Location,  four  cents,  0-04 

Milan,                       seventy-five  cents,  0*75 

Millsfield,                 thirteen  cents,  0-13 

Nash  and  Sawyer's  Location,  six  cents,  0"06 

Northumberland,    one  dollar  thirty-five  cents,  1-35 

Odell's  Township,  eleven  cents,  0-11 

Pinkham's  Grant,    two  cents,  0-02 

Pittsbm-gh,               twenty-one  cents,  0-21 

Randolph,                twenty-nine  cents,  0-29 

Stark,                       seventy-seven  cents,  0-77 

Stratford,                  one  dollar  thirty-five  cents,  1*35 

Shelburne,               ninety-seven  cents,  0-97 

Stewartstown,         one  dollar  forty-one  cents,  1'41 

Success,                   twenty-one  cents,  0-21 

Sargent's  Purchase,  two  cents,  0-02 

Second  College  Grant,    five  cents,  0-05 

Thompson  and  Meserve's  Purchase,  one  cent,  0-01 

Wentworth's  Location,  six  cents,  0-06 

Whitefield,              one  dollar  ninety-two  cents,  1-92 

$24-87 

Sec.  2.  Whenever  any  tax  shall  be  ordered  to  be  raised  by  the 
State  on  or  before  any  day,  the  treasurer  shall  make  out  the  pro- 
portion thereof  to  be  raised  by  each  town  and  place,  according  to 
the  apportionment  of  public  taxes  for  the  time  being,  and  shall  sea- 
sonably issue  a  warrant,  under  his  hand  and  the  seal  of  his  office, 
to  the  selectmen  of  such  town  or  place,  directing  them  to  assess  said 
sum  and  to  pay  the  same  into  the  treasury  of  the  State  on  or  before 
the  day  specified,  and  he  may  issue  an  extent  for  all  sums  which 
shall  remain  unpaid  after  said  day. 

Sec.  3.  The  treasurer  shall  report  to  the  house  of  representa- 
tives annually,  a  particular  statement  of  all  delinquencies  in  the 
payment  of  said  tax ;  and  of  all  extents  issued  therefor. 


64 


SECRETARY    OF    STATE. 


[title  III. 


TITL.E  III. 

OF  CERTAIN  STATE  OFFICERS,  AND  THE  TENURE  OF 

OFFICE. 


Chapter  11.  Of  the  secretary  of  state. 

Chapter  12.  Of  the  state  treasurer. 

Chapter  13.  Of  the  attorney  general  and  solicitors. 

Chapter  14.  Of  notaries  public  and  commissioners  in  other  states. 

Chapter  15.  Of  the  tenure  and  oath  of  office. 


CHAPTER  11. 


OF  THE  SECRETARY  OF  STATE. 


Section 

1.  The  seal  of  the  state. 

2.  Blanks  to  be  furnished  by  state. 

3.  Blanks,  «fcc.,  how  distributed. 


Section 

4.  Papers   to    be   arranged,   and   copies 
given. 

5.  To  subscribe  for  N.  H.  Reports. 


Section  1.  The  seal  of  the  State  of  New  Hampshire  shall  be 
two  inches  in  diameter,  circular,  with  the  following  device  and 
inscription : — a  field  encompassed  with  laurels ;  around  the  field 
in  capital  letters,  SIGILLUM  REIPUBLIC^  NEO-HANTONI- 
ENSIS  ;  on  the  field  a  rising  sun,  and  a  ship  on  the  stocks  with 
the  American  banner  displayed.  It  shall  be  kept  and  affixed  by 
the  secretary  of  state. 

Sec.  2.  The  secretary  shall  prepare  annually  and  distribute  to 
the  clerk  of  each  town  and  place  seasonably,  before  every  meeting 
for  the  choice  of  state  or  county  officers,  representatives  in  con- 
gress, or  electors  of  president  and  vice-president,  printed  blanks  for 
the  return  of  votes  for  said  officers,  with  such  instructions  as  may 
be  deemed  necessary  or  useful,  which  blanks  shall  be  used  by  said 
clerks  in  making  said  returns. 

Sec.  3.  All  blanks,  laws,  journals  or  packages  directed  to  be  sent 
by  the  secretary  to  the  several  counties  or  towns,  shall  be  suitably 
directed  and  sent  to  the  office  of  the  register  of  deeds  for  the  coun- 
ty, who  shall  distribute  them. 

Sec  4.  The  secretary  shall  arrange  methodically,  fold  uniformly, 
file  and  label  all  the  papers  in  his  office  belonging  to  the  State,  and 
preserve  the  same  carefully,  and  he  shall  give  copies  thereof  duly 
authenticated,  whenever  required  and  paid  therefor. 

Sec  5.  He  shall  subscribe  for  and  take  two  hundred  and  fifty 
copies  of  each  number  of  the  New  Hampshire  Reports  which  may 


CHAP.  12.] 


STATE    TREASURER. 


65 


be  published,  for  the  use  of  the  State,  until  otherwise  directed,  ciiid 
shall  deliver  one  copy  to  each  town,  one  copy  to  the  clerk  of  the 
court  of  common  pleas  in  each  county  for  the  use  of  said  court, 
one  copy  to  each  state  which  shall  reciprocate ;  and  shall  deposit 
the  remainder  in  the  state  library. 


CHAPTER  12. 


OF  THE  STATE  TREASURER. 


Section 

1.  Treasurer,  how  chosen. 

2.  "  to  give  bond. 

3.  "  to  provide  books. 

4.  "  to  keep  proper  accounts. 


Section 

5.  Treasurer  to  pay  out  money. 

6.  "         liow  removed. 

7.  Commissioner,  how  appointed. 

8.  Bond,  how  prosecuted. 


Section  1.   The  treasurer  of  the  State  shall  be  chosen  annually. 

Sec.  2.  Before  entering  upon  the  duties  of  his  office  he  shall  give 
bond  in  the  penal  sum  of  two  hundred  thousand  dollars,  with  suffi- 
cient sureties  to  be  approved  by  the  governor  and  council,  condi- 
tioned for  the  faithful  discharge  of  the  duties  of  his  office,  which 
bond  shall  be  deposited  and  safely  kept  in  the  office  of  the  secretary 
of  state. 

Sec.  3.  He  shall  provide  and  have  at  all  times  at  the  expense  of 
the  State,  a  suitable  book  or  books  for  records,  in  which  he  shall 
keep  a  fair  and  correct  account  of  all  sums  of  money  received  into 
and  paid  from  the  treasury  during  the  year. 

Sec.  4.  He  shall  keep  a  separate  account  with  each  officer  of  the 
State  who  receives  a  salary  therefrom,  in  which  shall  be  regularly 
entered  all  sums  of  money  paid  to  each  on  account  of  such  salary, 
specifying  the  amount  paid  on  account  of  each  year's  salary  ;  and  all 
sums  which  may  be  paid  from  the  treasury,  on  account  of  appro- 
priations made  by  any  general  law  of  the  State,  shall  be  entered  on 
separate  accounts  which  shall  be  opened  for  the  purpose,  so  that 
the  amount  appropriated  and  paid  under  each  particular  act  may 
distinctly  appear. 

Sec  5.  He  shall  pay  out  of  any  moneys  not  otherAvise  appropri- 
ated, all  sums  due  by  virtue  of  general  or  specific  appropriations  of 
the  legislature,  on  warrants  drawn  by  the  executive,  and  the  prin- 
cipal or  interest  of  all  loans  which  may  at  any  time  become  due. 

Sec.  6.  Upon  representation  made  to  the  governor  by  any  person, 
under  oath,  that  the  treasurer  is  insane  or  manifestly  insolvent,  or 
that  he  has  absconded,  or  concealed  himself,  or  is  guilty  of  any 
conduct  which  is  to  the  hazard  of  the  public  treasure,  the  governor 
and  council  shall  examine  into  the  truth  of  such  representation,  and 
9 


66 


ATTORNEY    GENERAL    AND    SOLICITORS.        [tITLE  IH. 


it"  it  shall  appear  to  be  true,  shall  remove  him  from  otlice  and  declare 
the  same  vacant. 

Sec.  7.  Upon  the  death,  resignation  or  removal  of  the  treasm'er, 
the  governor,  with  advice  of  the  council,  shall  appoint  some  suitable 
person  as  commissioner,  to  take  charge  of  all  the  books,  money  and 
papers  in  said  office,  and  to  perform  all  the  duties  of  treasurer  until 
the  next  session  of  the  legislature.  Before  any  such  commissioner 
shall  enter  upon  the  discharge  of  said  duties,  he  shall  give  bond  in 
the  same  manner  as  is  herein-before  provided  for  the  treasurer. 

Sec.  8.  In  case  of  any  delinquency  of  the  treasurer,  the  attorney 
general  upon  the  order  of  the  governor  and  council,  or  if  the  legis- 
lature shall  direct,  shall  commence  a  suit  upon  his  official  bond,  and 
shall  prosecute  the  same  to  final  judgment,  execution  and  satis- 
faction. 


CHAPTEK  13. 


OF  THE  ATTORNEY  GENERAL  AND  SOLICITORS. 


Section 

1.  Attorney  general  to  be  appointed. 

2.  Duties  of  attorney  general. 

3.  Shall  give  bond  to  the  state. 

4.  Appointment  of  county  solicitors. 

5.  Duties  of  county  solicitors. 

6.  Shall  give  bond  to  the  state. 


Section 

7.  Bonds  to  be  lodged  with  secretary. 

8.  To  be  put  in  suit  for  the  benefit  of  any 

person  interested. 

9.  Attorney  general  and  solicitors  to  ren- 

der account  annually. 


Section  1.  There  shall  be  an  attorney  general,  to  be  appointed 
by  the  governor  and  council  in  the  manner  provided  by  the  consti- 
tution, as  a  vacancy  may  occur. 

Sec.  2.  The  attorney  general  shall  prosecute  all  indictments  and 
informations,  and  defend  all  suits  and  processes  against  the  State, 
but  he  shall  not  be  retained  or  concerned  in  the  prosecution  or 
defence  of  any  suit  before  the  court  of  common  pleas,  unless  where 
the  State  is  a  party  thereto,  or  he  is  a  party  or  interested  therein. 

Sec.  3.  The  attorney  general  shall  give  bond  to  the  State  with 
sufficient  sureties,  to  be  approved  by  one  or  more  justices  of  the 
superior  court  of  judicature,  in  the  penal  sum  of  five  thousand  dol- 
lars, conditioned  to  account  for  and  pay  over  all  money  by  him 
received  as  attorney  general,  to  the  State,  county  or  individual  to 
whom  the  same  belongs,  according  to  law. 

Sec.  4.  There  shall  be  a  solicitor  for  each  county,  to  be  appointed 
by  the  governor  and  council  in  the  manner  provided  by  the  consti- 
tution, as  vacancies  may  occur. 

Sec  5.  It  shall  be  the  duty  of  the  solicitor  of  each  county  to 
take  chai'ge  of  all  suits  and  prosecutions  in  the  name  of  the  State, 


CHAP.  14.] 


NOTARIES    PUBLIC. 


67 


pending  in  the  court  of  common  pleas  of  such  county  ;  to  prose- 
cute or  defend  any  suit  in  which  such  county  is  a  party  or  inter- 
ested ;  to  examine  and  audit  all  claims  against  such  county ;  to  tax 
all  bills  of  cost  accruing  in  any  proceeding  where  the  State  or 
county  is  interested,  subject  to  be  re-examined  and  increased  or 
diminished  by  the  court ;  and  in  the  absence  of  the  attorney  gene- 
ral to  perform  all  the  duties  of  said  office  for  such  county. 

Sec.  6.  Each  solicitor  shall  give  bond  to  the  State  with  suffi- 
cient sureties,  to  be  approved  by  one  or  more  justices  of  the  court 
of  common  pleas  of  the  county,  in  the  penal  sum  of  one  thousand 
dollars,  conditioned  for  the  faithful  discharge  of  the  duties  of  his 
office,  and  the  payment  of  all  money  by  him  received  as  solicitor, 
to  the  State,  county  or  individual  to  whom  the  same  belongs,  accord- 
ing to  law. 

Sec.  7.  The  bond  of  the  attorney  general  and  of  each  solicitor 
shall  be  lodged  with  and  kept  by  the  secretary  of  state. 

Sec.  8.  Any  such  bond  may  be  put  in  suit  by  leave  of  the  court 
of  common  pleas,  at  the  expense  and  for  the  benefit  of  any  person 
interested  therein,  in  the  same  manner  as  sheriffs'  bonds  may  be 
sued. 

Sec  9.  The  attorney  general  and  each  solicitor  shall  amiually, 
on  or  before  the  first  day  of  June,  render  to  the  treasurer  of  the 
State  and  of  each  county,  a  true  account  of  all  money  by  him 
received  belonging  to  the  State  or  to  such  comity. 


CHAPTER  14. 

OF  NOTARIES  PUBLIC  AND  COMMISSIONERS. 


notaries  public. 
Section 

1.  Duties  of  notary  public. 

2.  Effect  of  notarial  protest. 

3.  When  ceasing  to  be  in  office,  records 

to  be  filed  with  secretary  of  state. 

4.  In  case  of  death,  to  be  filed  by  admin- 

istrator. 

5.  May  be  demanded  by  secretary. 

6.  Neglect  to  deliver,  penalty. 


Section 

7.  To  be  open  to  inspection. 

8.  Copies  furnished  by  secretary. 

commissioners. 

9.  Commissioners  in  other  states  appoint- 

ed. 

10.  Oath,  how  administered. 

11.  Powers  of  commissioner. 

12.  Effect  of  his  certificate. 


NOTARIES    PUBLIC. 


Section  1.  Every  notary  public,  in  addition  to  the  usual  powers 
of  such  office,  shall  have  the  same  powers  as  a  justice  of  the  peace 
in  relation  to  depositions  and  the  acknowledgement  of  deeds  and 
other  instruments,  and  his  certificate  of  any  such  official  act  shall 
be  as  valid  as  that  of  a  justice  of  the  peace. 


68  COMMISSIONERS.  [tITLE  III. 

Sec.  2.  When  any  notary  shall  remove  from  the  State,  resign 
or  from  any  cause  cease  to  act  in  said  capacity,  he  shall  within 
six  months  thereafter  deposit  all  his  notarial  records,  and  all  papers 
filed  in  his  office,  in  the  office  of  the  secretary  of  state. 

Sec.  3.  The  protest  of  any  bill  of  exchange,  note  or  order  duly 
certified  by  any  notary  public  under  his  hand  and  official  seal,  shall 
be  evidence  of  the  facts  stated  in  such  protest,  and  of  the  notice 
given  to  the  drawer  or  endorsers. 

Sec.  4.  If  any  notary  shall  die  or  become  insane,  it  shall  be  the 
duty  of  his  administrator,  executor  or  guardian  to  deposit  his  records 
and  papers  in  the  manner  aforesaid. 

Sec.  5.  The  secretary  of  state  may  demand  and  receive  any  such 
records  and  papers  of  any  person  in  whose  possession  the  same 
may  be. 

Sec  6.  If  any  person  in  whose  possession  any  such  records  or 
papers  may  be,  shall  neglect  or  refuse  to  deliver  the  same  to  said 
secretary  or  his  order,  on  demand,  or  shall  knowingly  destroy  or 
conceal  any  such  records,  he  shall  be  punished  by  fine  not  exceed- 
ing one  thousand  dollars,  one  half  for  the  use  of  the  prosecutor  and 
the  other  half  to  the  use  of  the  county  of  which  such  notary  is  or 
was  last  an  inhabitant,  and  shall  also  be  liable  for  damages  to  any 
person  injured  in  an  action  on  the  case. 

Sec  7.  All  notarial  records  and  papers  shall  be  kept  by  the  sec- 
retary safely,  and  in  such  manner  that  reference  thereto  may  easily 
be  had,  and  shall  be  open  to  the  examination  of  any  person  inter- 
ested therein. 

Sec.  8.  The  secretary  shall  make  out  and  certify  copies  of  any 
such  records  and  papers,  upon  payment  or  tender  of  the  fees  there- 
for, and  his  certificate  shall  have  the  same  validity  as  if  made  by 
such  notary  himself, 

COMMISSIONERS. 

Sec.  9.  The  governor,  with  the  advice  of  the  council,  may 
appoint  in  each  of  the  United  States,  and  in  each  district  and  terri- 
tory, a  commissioner  or  commissioners,  to  continue  in  office  during 
the  term  of  five  years. 

Sec  10.  Before  any  commissioner  shall  perform  any  duty  of  his 
office,  he  shall  take  and  subscribe  an  oath  or  affirmation  before  a 
judge  of  the  superior  court  of  the  state  in  which  such  commissioner 
resides,  that  he  will  well  and  faithfully  perform  all  the  duties 
of  such  office ;  which  oath  shall  be  filed  by  him  in  the  office 
of  the  secretary  of  state,  within  six  months  after  the  taking  of  the 
same. 

Sec  11.  Such  commissioners  may  administer  oaths,  take  depo- 
sitions and  affidavits  to  be  used  in  this  State,  and  notify  parties 
of  the  time  and  place  thereof,  and  take  the  acknowledgement  of 
deeds  or  instruments  to  be  used  or  recorded  in  this  State,  in  the 
same  manner  as  a  justice  of  the  peace  for  this  State  might  do. 


CHAP.   15.] 


OATH    OF    OFFICE. 


69 


Sec.  12.  Any  oath  administered  by  any  such  commissioner,  any 
deposition  or  affidavit  taken  by  him,  and  any  acknowledgement 
certified  by  him,  shall  be  as  effectual  in  law,  for  all  purposes,  ?><« 
if  certified  by  any  justice  of  the  peace  in  this  State. 


CHAPTER  15. 

OF  THE  TENURE  AND  OATH  OF  OFFICE  IN  CERTAIN  CASES. 


Section 

1 .  Judges  and  sheriffs  must  file  certifi- 

cate of  age. 

2.  After  70  years  of  age  incapacitated. 

3.  Term  of  office  to   be  for  five  years  in 

certain  cases. 

4.  Shall  take  oath  of  office  before  enter- 

ing on  duty. 

5.  Persons  scrupulous  may  affirrn. 


Section 

6.  Ceremony  of  swearing,  how  perform- 

ed. 

7.  Official  oaths,  by  whom  administered. 

8.  Justice  shall  record  oaths  and  make  a 

return  thereof  to  the  secretary  of 
state. 

9.  Officers  removable  by  address. 


Section  1.  No  person  appointed  a  judge  of  any  court,  judge 
of  probate  or  sheriff  of  any  county,  shall  exercise  such  office  or 
perform  any  act  therein,  or  receive  any  fee  or  salary  therefor,  until 
he  shall  have  deposited  in  the  office  of  the  secretary  of  state  a  copy 
of  the  record  of  his  birth,  attested  by  the  clerk  of  the  town  in 
which  he  was  born,  or,  if  there  is  no  such  record,  an  affidavit 
sworn  to  and  subscribed  by  him,  stating  according  to  the  best  of 
his  belief  the  date  and  place  of  his  birth. 

Sec  2.  If  any  such  officer  shall  continue  to  hold  such  office, 
after  he  has  attained  the  age  of  seventy  years,  upon  satisfactory 
evidence  thereof,  the  governor  and  council  shall  remove  such  offi- 
cer, notifying  him  of  such  removal,  and  shall  fill  such  vacancy. 

Sec.  3.  All  officers  hereafter  appointed  by  the  governor  and 
council,  excepting  judicial  and  military  officers,  shall  hold  their 
offices  for  the  term  of  five  years,  and  shall  be  commissioned  accord- 
ingly. 

Sec.  4.  No  person  chosen  or  appointed  to  any  public  office  under 
any  law  of  this  State,  shall  exercise  such  office  or  shall  perform  any 
act  therein,  until  he  shall  have  taken  the  oath  of  office  therefor. 

Sec  5.  If  any  person  is  conscientiously  scrupulous  of  swearing, 
the  word  ajffirm  may  be  substituted  for  "  sivear^'  in  the  form  of  the 
oath,  and  the  words,  this  you  do  under  the  pains  and  penalties  of  per- 
jury, instead  of  "  So  help  you  God.^^  Such  affirmation  shall,  for 
all  purposes,  be  and  constitute  an  oath. 

Sec  6.  No  other  ceremony  shall  be  deemed  necessary  in  swear- 
ing than  holding  up  the  right  hand. 

Sec  7.  Official  oaths  may  be  administered  as  follows :  to  the 


70 


COUNTIES. 


[title  IV. 


clerk  of  any  court,  by  any  two  justices  thereof ;  to  all  military 
officers  above  the  rank  of  field  officers,  and  to  all  other  officers 
appointed  by  the  governor  and  council,  by  any  two  members  of  the 
council,  or  by  any  member  of  the  council  with  a  justice  of  the 
peace,  or  by  any  two  justices  of  the  peace,  one  of  whom  shall  be 
of  the  quorum  ;  and  to  all  other  officers,  by  any  justice  of  the  peace 
within  his  county. 

Sec.  8.  Every  justice  of  the  peace  shall  keep  a  record  of  every 
such  oath  by  him  administered,  in  a  book  to  be  kept  for  that  pur- 
pose, and  shall  make  return  to  the  office  of  the  secretary  of  state 
of  every  oath  by  him  administered  to  any  officer  appointed  by  the 
governor  and  council,  within  six  months  after  such  oath  is  admin- 
istered. 

Sec.  9.  All  officers  appointed  by  the  governor  and  council,  or 
chosen  by  the  legislature,  may  be  removed  by  the  governor  Avith 
the  consent  of  the  council,  upon  the  address  of  both  houses  of  the 
legislature. 


TITI.E  IV. 

OF  THE  CIVIL  DIVISIONS  OF  THE  STATE. 


Chapter  16.  Of  the  several  counties  of  the  state 
Chapter  17.   Of  the  several  council  districts. 
Chapter  18,  Of  the  several  senatorial  districts. 


CHAPTER    16. 

OF  THE  SEVERAL  COUNTIES  OF  THE  STATE. 


Section 

1.  Number  and  names  of  counties. 

2.  Boundaries  of  Rockingham. 

3.  "  "    Strafford. 

4.  "  "    Hillsborough. 

5.  "  "    Cheshire. 


Section 

6.  Boundaries  of  Sullivan. 

7.  "  "    Grafton. 

8.  "  "   Merrimack. 

9.  "  "    Belknap. 
10.             "          "    Carroll. 


*  The  State  was  first  divided  into  counties  by  the  act  of  9th  George  IH.  (March  ]9, 
1771.)  They  were  five  in  number:  Rockingham,  Strafford,  Hillsborough,  Cheshire, 
and  Grafton.  They  were  so  called  from  the  names  of  the  English  ministry  then  in 
power.  Coos  was  formed  from  Grafton,  December  24,  1803.  Merrimack  was  set 
off  from  Rockingham  and  Hillsborough,  July  1,  1823.  Sullivan  was  set  off  from 
Cheshire,  July  25,  1827.  Belknap  and  Carroll  were  set  off  from  Strafford,  December 
23,  1840. 


CHAP.    KJ  ] 


COUNTIES. 


71 


Section 

11.  Boundaries  of  Coos. 

12.  Grafton  county,  division  into  judicial 

districts. 
13    Eastern  judicial  district. 


Section 

14.  Western  judicial  district. 

15.  Actions,  how  prosecuted  therein. 

16.  Officers,  their  powers  and  duties  the 

same. 


Section  1.  The  State  is  divided  into  ten  counties,  by  the  names 
of  Rockingham,  Strafford,  Hillsborough,  Cheshire,  Sullivan,  Graf- 
ton, Coos,  Merrimack,  Belknap  and  Carroll,  and  all  towns,  places, 
lauds  and  waters  within  their  bounds,  respectively,  shall  be  parts 
of  the  respective  counties  aforesaid. 

Sec.  2.  The  county  of  Rockingham  is  bounded  thus  :  beginning 
at  the  mouth  of  Piscataqua  river,  and  running  up  the  same  to  the 
easterly  corner  of  New  Market  including  the  river  ;  thence  north- 
westerly by  the  easterly  and  northerly  lines  of  New  Marlcet,  Epping, 
Nottingham  and  Northwood  to  the  easterly  line  of  Pittsfield  ;  thence 
southwesterly  by  the  northerly  and  westerly  lines  of  Northwood, 
Deerfield,  Candia,  Chester  and  Londonderry  to  the  northerly  line 
of  Hudson  ;  thence  by  the  northerly  and  easterly  lines  of  Hudson 
to  the  northwest  corner  of  Pelham  ;  thence  by  the  northerly  line 
of  Pelham  to  the  state  line  ;  thence  by  the  state  line  to  the  sea  ; 
thence  by  the  sea  to  the  bound  first  mentioned,  including  all  that 
part  of  the  Isles  of  Shoals  which  belongs  to  this  State. 

Sec.  3.  The  county  of  Strafford  is  bounded  thus  :  beginning  at 
the  northerly  corner  of  the  town  of  Northwood ;  thence  by  the 
westerly  lines  of  the  towns  of  Strafford  and  New  Durham  to  the 
northerly  corner  of  New  Durham  ;  thence  by  the  northerly  lines 
of  New  Durham,  Middleton  and  Milton  to  the  state  line  ;  thence 
down  said  line  to  the  county  of  Rockingham  ;  thence  by  the  north- 
erly line  of  the  county  of  Rockingham  to  the  bound  first  men- 
tioned. 

Sec.  4.  The  county  of  Hillsborough  is  bounded  thus:  begin- 
ning at  the  bound  between  the  towns  of  Pelham  and  Salem  on  the 
state  line  ;  thence  westerly  by  the  state  line  to  the  southeast  corner 
of  Rindge  ;  thence  by  the  easterly  lines  of  Rindge,  Jaffrey,  Dublin, 
Nelson,  Stoddard  and  Washington  to  the  nortliAvest  corner  of  Hills- 
borough ;  thence  by  the  northerly  and  easterly  lines  of  said  Hills- 
borough to  the  southwest  corner  of  Henniker  ;  thence  by  the  south- 
erly lines  of  Henniker  and  Hopkinton  to  the  northwest  corner  of 
Dunbarton ;  thence  by  the  westerly  and  southerly  lines  of  Dun- 
barton  and  Hooksett  to  the  line  of  the  county  of  Rockingham ; 
thence  by  said  line  to  the  bound  first  mentioned. 

Sec.  ,5.  The  county  of  Cheshire  is  bounded  thus :  beginning  at 
the  southeast  corner  of  Rindge  ;  thence  westerly  by  the  state  line 
to  the  west  bank  of  Connecticut  river  ;  thence  up  the  same  bank 
to  the  northwest  corner  of  Walpole ;  thence  by  the  northerly  lines 
of  Walpole,  Alstead,  Marlow  and  Stoddard  to  the  line  of  the  coun- 
ty of  Hillsborough ;  thence  by  said  line  to  the  bound  first  men- 
tioned. 


72  COUNTIES.  [title  IV. 

Sec.  C.  The  comity  of  Sullivan  is  bounded  thus :  beginning  at 
the  northwest  corner  of  Plainfield  on  the  west  bank  of  Connecti- 
cut river ;  thence  easterly  by  the  northerly  lines  of  Plainfield, 
Grantham  and  Springfield  to  the  northeast  corner  of  Springfield  ; 
thence  southerly  by  the  easterly  lines  of  Springfield,  Wendell, 
Goshen  and  Washington  to  the  county  of  Cheshire  ;  thence  wester- 
ly by  the  county  of  Cheshire  to  the  northwest  corner  thereof  on 
the  west  bank  of  Connecticut  river ;  thence  northerly  up  said  bank 
to  the  bound  first  mentioned. 

Sec.  7.  The  county  of  Grafton  is  bounded  thus :  beginning  at 
the  west  bank  of  Connecticut  river  at  the  southwesterly  corner  of 
Dalton ;  thence  on  the  westerly  and  southerly  lines  of  Dalton, 
Whitefield,  Carroll  and  Nash  and  Sawyer's  Location  to  the  south- 
easterly corner  thereof;  thence  southerly  on  a  straight  line  across 
the  unlocated  lands  to  the  line  of  the  county  of  Carroll  at  the  north- 
westerly corner  of  Albany  ;  thence  by  the  westerly  line  of  Alba- 
ny, the  northerly  and  westerly  lines  of  Sandwich,  and  the  easterly 
and  southerly  lines  of  Holderness  to  the  southwest  corner  of  Hol- 
derness  at  the  Pemigiwasset  or  Merrimack  river ;  thence  down  said 
river  to  the  north  line  of  Franklin ;  thence  westerly  on  the  north- 
erly lines  of  Franklin,  Andover,  Wilmot,  Springfield,  Grantham 
and  Plainfield  to  the  southwest  corner  of  Lebanon  on  the  west 
bank  of  Connecticut  river ;  thence  northerly  on  said  bank  to  the 
bound  first  mentioned. 

Sec.  8.  The  county  of  Merrimack  is  bounded  thus  :  beginning  at 
the  northeast  corner  of  Franklin  ;  thence  southerly  and  easterly  by 
the  easterly  line  of  Franklin  and  the  southerly  line  of  Sanborn- 
ton,  Gilmanton  and  Barnstead  to  the  county  of  Rockingham  ; 
thence  southwesterly  by  the  county  of  Rockingham  to  the  county 
of  Hillsborough ;  thence  westerly  and  northerly  by  the  county  of 
Hillsborough  to  the  northwest  corner  of  the  town  of  Hillsborough  ; 
thence  northerly  by  the  easterly  line  of  the  county  of  Sullivan  to 
the  county  of  Grafton  ;  thence  southerly  and  easterly  by  the  coun- 
ty of  Grafton  to  the  bound  first  mentioned. 

Sec.  9.  The  county  of  Belknap  is  bounded  thus :  beginning  at 
the  northeasterly  corner  of  Pittsfield ;  thence  by  the  northerly  line 
of  the  county  of  Merrimack  to  the  county  of  Grafton ;  thence  by 
the  easterly  line  of  the  county  of  Grafton  to  the  northerly  corner 
of  Centre  Harbor ;  thence  by  the  northerly  line  of  Centre  Harbor 
and  Meredith  to  the  easterly  termination  of  the  line  separating  the 
towns  of  Meredith  and  Moultonborough ;  thence  easterly  to  the 
southerly  point  of  Long  Island  in  Winnipissiogee  Lake ;  thence 
easterly  to  the  southerly  point  of  Parker's  Island  ;  thence  easterly 
to  the  westerly  termination  of  the  line  separating  the  towns  of 
Wolf  borough  and  Alton  ;  thence  on  the  northerly  line  of  Alton  to 
the  northerly  corner  of  New  Durham ;  thence  by  the  county  of 
Strafi'ord  to  the  bound  first  mentioned. 

Sec.  10.  The  county  of  Carroll  is  bounded  thus :  beginning  at 


CHAP.  17] 


COUNCII.    DISTRICTS. 


73 


the  northerly  comer  of  New  Durham  ;  thence  by  the  northerly  hue 
of  the  comity  of  Belknap  to  the  county  of  Grafton ;  thence  by 
the  easterly  line  of  the  county  of  Grafton  to  the  northwesterly  cor- 
ner of  Albany ;  thence  by  the  northerly  line  of  Albany  and  the 
westerly  and  northerly  lines  of  Conway  and  Chatham  to  the  state 
line  ;  thence  down  said  line  to  the  line  of  the  county  of  Strafford  ; 
thence  by  the  northerly  line  of  the  county  of  Strafford  to  the 
bound  first  mentioned. 

Sec.  11.  The  county  of  Coos  contains  all  the  lands  and  waters 
within  the  limits  of  this  State,  which  lie  northerly  of  the  counties 
of  Grafton  and  Carroll. 

Sec.  12.  The  county  of  Grafton  is  divided  into  two  judicial  dis-' 
tricts,  to  be  known  by  the  names  of  the  eastern  and  western  judi- 
cial districts  of  the  county  of  Grafton. 

Sec.  13.  The  towns  of  Alexandria,  Bridgewater.  Bristol,  Camp- 
ton,  Danbury,  Dorchester,  Ellsworth,  Grafton,  Groton,  Hebron, 
Hill,  Holderness,  Lincoln,  Orange,  Plymouth,  Rumney,  Thornton, 
Waterville,  Wentworth  and  Woodstock  constitute  the  eastern  ju- 
dicial district. 

Sec.  14.  The  towns  of  Bath,  Benton,  Bethlehem,  Canaan,  En- 
field, Franconia,  Hanover,  Haverhill,  Landaff,  Lebanon,  Lisbon, 
Littleton,  Lyman,  Lyme,  Orford,  Piermont,  Warren  and  the  place 
called  Dame's  Gore  constitute  the  western  judicial  district. 

Sec  15.  All  actions,  petitions,  appeals  and  prosecutions  in  all 
civil  cases  shall  be  commenced,  entered  and  prosecuted  in  the  court 
of  common  pleas  for  said  districts,  in  the  same  manner  they  would 
be  if  each  of  said  districts  was  a  distinct  county. 

Sec  16.  Such  division  shall  not  affect  the  rights  or  duties  of 
any  officer  or  person,  except  so  far  as  is  expressly  provided  in  this 
chapter. 


CMAPTEH  ar. 


OF  THE  SEVERAL  COUNCIL  DISTRICTS. 


Section 

1.  Number  and  powers  of  council  dis- 

tricts. 

2.  Boundaries  of  District  No.  1. 

3.  "  "        No.  2. 


Section 

4.  Boundaries  of  District  No.  3. 

5.  "  "        No.  4. 

6.  "  »        No.  5. 


Section  1.   The  State  is  divided  into  five  council  districts,  each 
of  which  may  choose  one  counsellor  annually. 

Sec.  2.   Council  District  Numher  One   contains  the   county  of 
Rockingham,  and  the  towns  of  Allenstown,  Bow,  Canterbury,  Chi- 
chester, Concord,  Epsom,  lioudon,  Northfield,  Pembroke  and  Pitts- 
field  in  the  county  of  Merrimack. 
10 


74 


SENATORIAL    DISTRICTS. 


[title  IV. 


Sec.  3.  Council  District  Number  Tivo  contains  the  counties  of 
Strafford,  Belknap  and  Carroll. 

Sec.  4.  Council  District  Number  Three  contains  the  county  of 
Hillsborough,  and  the  towns  of  Andover,  Boscawen,  Bradford,  Dun- 
barton,  Franklin,  Henniker,  Hooksett,  Hopkinton,  Newbury,  New 
London,  Salisbury,  Sutton,  Warner  and  Wilmot  in  the  county  of 
Merrimack. 

Sec.  5.  Council  District  Number  Four  contains  the  counties  of 
Cheshire  and  Sullivan. 

Sec  6.  Council  District  Number  Five  contains  the  comities  of 
Grafton  and  Coos. 


CHAPTER  18. 

OF  THE  SENATORIAL  DISTRICTS. 


Section 

Sectiox 

1.  Numbers 

and 

powers 

of    sei 

atorial 

7. 

Boundaries 

of  Distr 

ct  No.  6. 

districts 

8. 

No.  7. 

2.  Boundarif 

s  of  District  No.  1. 

9. 

No.  8. 

3. 

u 

No.  2. 

10 

No.  9. 

4.           " 

(( 

No.  3. 

IL 

No.  10 

.5. 

(( 

No.  4. 

12. 

No.  11 

6. 

(( 

No.  5. 

13. 

No.  12 

Section  1.  The  State  is  divided  into  twelve  senatorial  districts, 
each  of  which  may  elect  one  senator  to  the  Icgislatm'e  annually, 
pursuant  to  the  constitution. 

Sec  2.  Se7iatorial  District  Number  One  contains  Durham,  Gos- 
port,  Greenland,  Hampton,  Hampton  Falls,  Lee,  Madbury,  New- 
ington.  New  Castle,  North  Hampton,  Portsmouth,  Rye,  Seabrook 
and  Stratham. 

Sec  3.  Senatorial  District  Number  Two  contains  Allenstown, 
Atkinson,  Brentwood,  Candia,  Chester,  Deerfield,  Danville,  East 
Kingston,  Epping,  Exeter,  Hampsteod,  Kensington,  Kingston,  New 
Market,  Newtown,  Nottingham,  Plaistow,  Poplin,  Raymond,  San- 
down  and  South  Hampton. 

Sec  4.  Senatorial  District  Number  Three  contains  Bow,  Bed- 
ford, Derry,  Dunbarton,  Goffstown,  Hooksett,  Hudson,  Londonder- 
ry, Litchfield,  Manchester,  Merrimack,  Pelham,  Pembroke,  Salem, 
Weare  and  Windiiam. 

Sec  5.  Senatorial  District  Number  Four  contains  Boscawen, 
Canterbury,  Concord,  Franklin,  Gilmanton,  Hopkinton,  Loudon, 
Northfield,  Salisbury  and  Sanbornton. 

Sec.  6.  Senatorial  District  Number  Five  contains  Barnstend, 
Harrington,  Chichester,  Dover,  Epsom,  Northwood,  Pittsfield,  Ro- 
chester, Somers worth  and  Strafford. 


CHAP.    18.]  SENATORIAL    DISTRICTS.  75 

Sec.  7.  Senatorial  District  Number  Si.v  contains  Alton,  Brook- 
field,  Centre  Harbor,  Conway,  Eaton,  Effingham,  Farmington, Free- 
dom, Gilford,  Meredith,  Middleton,  Milton,  Moultonborough,  New 
Durham,  New  Hampton,  Ossipee,  Sandwich,  Tamworth,  Tufton- 
borough,  Wakefield  and  Wolfboroiigh. 

Sec.  8.  Senatorial  Biistrict  Nuiiiher  Seven  contains  Amherst, 
Brookline,  Deering,  Francestown,  Greenfield,  Hollis,  Lyndebo- 
rough,  Mason,  Milford,  Mont  Yernon,  Nashua,  Nashville,  New  Bos- 
ton, Society  Land,*  and  Wilton. 

Sec.  9.  Senatorial  District  Number  Eiglit  contains  Alstead,  An- 
trim, Bradford,  Dublin,  Gilsum,  Hancock,  Henniker,  Hillsborough, 
Marlow,  Nelson,  Stoddard,  Sullivan,  Surry,  Wal^^ole,  Warner,  Wash- 
ington, Westmoreland  and  Windsor. 

Sec.  10.  Senatorial  District  Number  Nine  contains  Chesterfield, 
Fitzwilliam,  Hinsdale,  Jaftrey,  Keene,  Marlborough,  New  Ipswich, 
Peterborough,  Richmond,  Rindge,  Roxbury,  Sharon,  Swanzey, 
Temple,  Troy  and  Winchester. 

Sec.  11.  Senatorial  District  Number  Ten  contains  Acworth, 
Charlestown,  Claremont,  Cornish,  Croydon,  Goshen,  Grantham, 
Langdon,  Lempster,  Newbury,  New  London,  Newport,  Springfield, 
Sutton,  Unity,  Wendell  and  Wilmot. 

Sec.  12.  Senatorial  District  Number  Eleven  contains  Alexan- 
dria, Andover,  Bridgewater,  Bristol,  Canaan,  Dame's  Gore,  Dan- 
bury,  Dorchester,  Enfield,  Grafton,  Groton,  Hanover,  Hebron,  Hill, 
Holderness,  Lebanon,  Lyme,  Orange,  Orford,  Plainfield,  Plymouth, 
Rumney  and  Wentworth. 

Sec.  13.  Senatorial  District  Number  Twelve  cowi^ms  the  county 
of  Coos  and  all  the  towns  and  places  in  the  counties  of  Grafton 
and  Carroll  not  included  in  the  other  districts. 


TITL.E  Y. 

OF  COUNTIES  AND  COUNTY  OFFICERS. 


Chapter  19.  Of  the  powers  and  obligations  of  counties. 

Chapter  20.  Of  the  election  of  county  officers. 

Chapter  21.  Of  the  county  treasurer. 

Chapter  22.  Of  the  register  of  deeds. 

Chapter  23.  Of  the  county  revenue. 


Now  Bennington. 


76 


COUMV    Ol'FlCEKS. 


[title  V. 


€HAPTJER    19. 


OF  THE  POWERS  AND  OBLIGATIONS  OF  COUNTIES. 


Section 

1.  Powers  of  counties. 

2.  Court  of  common  pleas  to  liave  charge 

of  county  property. 


Section 

3.  Suits  against  counties,  how  brought. 

4.  Execution  against  a  county,  how  satis- 

fied. 


Section  1.  Each  county  in  this  State  is  a  body  politic  and  cor- 
poiate  for  the  purpose  of  suing  and  being  sued  ;  purchashig,  taking 
and  holding  real  and  personal  estate  for  county  purposes ;  for  con- 
veying the  same  ;  for  making  all  necessary  contracts,  and  doing  all 
other  necessary  acts  in  relation  to  the  j^roperty  and  concerns  of 
the  county. 

Sec.  2.  The  court  of  common  pleas  for  each  county  shall  have 
the  custody  of  all  property  belonging  to  such  county,  and  shall  see 
that  the  same  is  kept  in  good  condition  ;  and  when  expedient  may 
authorize  the  county  treasurer  to  sell  and  convey  any  part  thereof 
for  the  use  of  the  county. 

Sec.  3.  Any  suit  against  a  county  may  be  brought  in  the  same 
or  any  adjoining  county,  and  the  court  of  common  pleas  may 
settle  or  make  any  arrangements  respecting  the  same  in  behalf  of 
the  county,  or  may  appoint  an  agent  or  agents  to  defend  the  same. 

Sec.  4.  Payment  of  any  execution  against  a  county  shall  first 
be  demanded  of  the  treasurer;  and  if  not  satisfied  within  sixty 
days  after  such  demand,  it  may  then  be  levied  upon  the  property 
of  the  county  or  of  any  inhabitant  thereof,  who  shall  have  his  ac- 
tion therefor  against  the  county,  and  may  recover  any  sum  so  paid, 
with  exemplary  damages  and  double  costs. 


CHAPTER  SO. 

OF  THE  ELECTION  OF  COUNTY  OFFICERS. 


Section 

1.  Election,  when  to  be  holden. 

2.  Who  may  be  chosen  to  or  hold  office. 

3.  Return  of  votes,  form  of. 

4.  Return  of  votes,  how  made. 

5.  Return  of  votes,  how  declared 

6.  Where  candidates  have  equal  number. 


Section 

7.  Penalty  for  neglect  to  make  return. 

8.  Who  shall  prosecute. 

9.  Oath  of  office  to  be  taken. 

10.  Removals,  how  and  when  made. 

11.  Vacancy,  how  filled. 


Section  1.  There  shall  be  chosen  on  the  second  Tuesday  oC 
March  annually,  by  ballot,  by  the  inhabitants  of  the  several  towns 
and  places  in  each  county,  qualified  to  vote  for  senators,  a  register 


CHAP.  20.]  COUNTY    OFFICERS.  77 

of  deeds,  a  treasurer  and  three  road  commissioners,  each  of  whom 
shall  hold  his  office  until  some  other  person  is  chosen  and  qualified 
in  his  stead. 

Sec.  2.  No  person  is  eligible  to  the  office  of  register,  treasurer, 
road  commissioner  or  clerk  of  any  court,  unless  he  is  a  resident  of 
the  county  for  which  he  is  chosen.  No  person  shall  hold  any  two 
of  said  offices  at  the  same  time  ;  and  the  acceptance  of  any  office 
shall  be  a  resignation  of  any  office  incompatible  with  it. 

Sec  3.  The  return  of  votes  given  in  any  town  or  place  for  any 
of  said  officers,  shall  be  made  out,  signed,  certified  and  sealed  by 
the  clerk  thereof,  in  all  respects  as  is  provided  for  the  return  of 
votes  for  senator. 

Sec.  4.  The  clerk  shall  direct  such  return  to  the  justices  of  the 
court  of  common  pleas  for  the  county,  with  a  superscription  ex- 
pressing the  purport  thereof,  and  shall  transmit  the  same  to  said 
justices  on  or  before  the  first  day  of  the  sitting  of  said  court,  at 
the  next  stated  term  after  the  month  of  March,  in  each  year. 

Sec.  5.  The  justices  aforesaid  shall  immediately  proceed  to  ex- 
amine said  returns  of  votes,  and  the  person  who  has  received  the 
highest  number  of  votes  for  any  office, shall  be  declared  to  be  elected. 

Sec.  6.  If  the  candidates  for  any  of  said  offices  having  the  high- 
est number  of  votes,  shall  have  an  equal  number,  said  justices  shall 
appoint  the  requisite  number  from  said  candidates,  Avho  shall  be 
declared  to  be  duly  elected. 

Sec  7.  If  the  clerk  of  any  town  shall  neglect  to  make  any  of 
the  returns  of  votes  aforesaid  according  to  law,  he  shall  for  each 
offence  be  punished  by  fine  not  exceeding  fifty  dollars,  nor  less 
than  twenty  dollars,  for  the  use  of  the  county. 

Sec  8.  The  clerk  of  each  of  said  courts  shall  certify  to  the  at- 
torney general,  or  to  the  solicitor  of  the  county,  on  the  day  suc- 
ceeding the  return  day,  every  such  default,  and  a  prosecution  shall 
be  commenced  therefor  by  said  officers  either  by  indictment  or  in- 
formation, within  one  year  from  said  return  day,  but  not  after. 

Sec  9.  No  such  officer  shall  enter  upon  the  discharge  of  any 
duty  of  his  office  until  he  shall  have  taken  and  subscribed  the  oath 
of  office  ;  and  said  oath  shall  be  filed  in  the  office  of  the  clerk  of 
the  court  of  common  pleas. 

Sec  10.  Any  such  officer  may  be  removed  from  office  by  the 
justices  of  the  court  of  common  pleas  of  the  county,  for  official 
misconduct,  and  the  office  declared  vacant.  If  any  person  chosen 
or  appointed  to  either  of  said  offices  declines  to  accept,  removes 
from  the  county,  resigns,  dies  or  becomes  insane,  or  when  there  is 
manifest  hazard  to  the  public  interest,  said  justices  shall  declare 
the  office  vacant. 

Sec  11.  In  case  of  any  vacancy,  said  justices  shall  appoint  a 
commissioner  who  shall  be  sworn  and  shall  perform  all  the  duties, 
be  subject  to  all  the  requirements  and  liabilities,  and  be  entitled  to 
all  the  privileges  and  emoluments  of  such  vacant  office. 


78 


COUNTY  TUEASL'KER. 


[title  A'. 


CHAPTER   31. 


OF  THE  COUNTY  TREASURER. 


Section 

1.  Treasurer  to  give  bond. 

2.  Suits  on  bond  regulated. 

3.  Treasurer  to  collect  and  disburse. 

4.  Money,  how  drawn  by  superior  court. 


Section 

5.  Money,  how  drawn  by  C.  C.  P. 

6.  Treasurer's  account,  how  settled. 

7.  Statement  to  be  made  annually. 

8.  Statement  filed  with  secretary. 


Section  1.  Before  the  county  treasurer  shall  perform  auy  duty 
of  his  office,  he  shall  give  bond  to  the  comity  for  the  faithful  dis- 
charge of  his  duties,  in  such  sum,  not  less  than  two  thousand  dol- 
lars nor  more  than  fifty  thousand  dollars,  with  such  sureties,  as  shall 
be  approved  by  the  court  of  common  pleas,  to  be  lodged  with  the 
clerk  of  said  court  and  kept  for  the  use  of  the  county. 

Sec  2.  It  shall  be  put  in  suit  by  order  of  said  court,  which  suit 
shall  be  brought  in  an  adjacent  county,  and  execution  shall  issue 
on  any  judgment  obtained  thereon  for  such  amount,  not  exceeding 
the  penalty  of  the  bond,  as  said  treasurer  shall  be  in  arrcar  to  the 
county. 

Sec.  3.  The  treasurer  shall  collect  and  receive  all  moneys  due 
to  the  county,  and  disburse  the  same  according  to  law,  and  shall 
keej)  a  fair  and  correct  account  thereof  in  suitable  books,  to  be  pro- 
vided at  the  expense  of  the  county. 

Sec.  4.  The  order  of  the  superior  court  shall  be  a  sufficient 
voucher  for  the  payment  of  the  attendance  of  officers  at  any  time, 
and  all  the  necessary  expenses  of  said  court. 

Sec.  5.  The  order  of  the  court  of  common  pleas  shall  be  a  suffi- 
cient voucher  for  the  payment  of  the  fees  of  grand  and  petit  jurors, 
witnesses  for  the  state,  officers,  criminal  prosecutions,  all  incidental 
expenses  of  the  court,  expenses  of  laying  out,  building  and  repair- 
ing highways,  pauper  accounts,  appropriations  by  the  county  con- 
vention and  all  other  sums  for  which  the  county  may  be  made 
chargeable. 

Sec  G.  The  treasurer  shall  render  to  the  court  of  common  pleas 
annually,  and  oftener  if  required,  a  true  and  minute  statement  of 
all  the  sums  by  him  received  and  paid  since  the  last  statement 
made ;  and  said  court  shall  audit,  adjust  and  settle  the  same. 

Sec  7.  The  treasurer  shall  make  out  and  deliver  to  the  clerk  of 
said  court,  on  or  before  the  first  day  of  June  annually,  a  statement 
of  his  account  as  treasurer  for  the  year  commencing  with  the  last 
annual  settlement,  in  which  shall  be  specified  the  sums  and  objects 
of  all  receipts  and  payments. 

Sec  8.  Said  clerk  shall  deliver  such  statement  or  cause  the  same 
to  be  delivered  to  the  secretary  of  state  prior  to  the  second  Wed- 
nesday of  June  annually,  and  shall  publish  the  same  in  such  news- 
paper as  said  com-t  shall  direct. 


CHAP.  22.] 


REGISTERS  OF  DEEDS. 


79 


CHAPTER  29. 


OF  REGISTERS  OF  DEEDS. 


Section 

1 .  Bond  to  be  given,  form,  &C. 

2.  Bond,  how  put  in  suit. 

3.  Register  to-keep  his  office  open. 

4.  ■"         to  keep  papers  safely. 
r>.         "         to  record,  certify,  &c. 


Section 

6.  Register  to  keep  indexes. 

7.  "         to  record  time  when  received, 

names  of  parties,  &c. 

8.  Neglect  of  register,  penalty. 


Section  1.  Before  any  register  shall  perform  any  duty  of  his 
office,  he  shall  give  bond  for  the  faithful  performance  of  his  duties, 
in  such  sum,  not  less  than  two  thousand  dollars  nor  more  than  fifty 
thousand  dollars,  and  with  such  sureties,  as  shall  be  approved  by 
the  court  of  common  pleas.  Such  bond  shall  be  given  to  the  coun- 
ty, shall  be  lodged  with  the  clerk  of  said  coin-t,  and  shall  be  for 
the  benefit  of  any  person  who  may  be  injured  by  the  neglect  or 
misconduct  of  said  register. 

Sec.  2.  Such  bond  shall  be  put  in  suit  by  order  of  said  court 
vvdienever  any  person  may  be  aggrieved,  and  execution  shall  issue 
from  time  to  time  for  all  sums  for  which  judgment  may  be  recov- 
ered against  such  register,  and  for  which  full  satisfaction  shall  not 
have  been  otherwise  obtained. 

Sec.  3.  The  register  shall  keep  his  office  open  daily,  Sundays 
excepted,  in  the  place,  if  any  there  be,  provided  therefor  by  the 
county. 

Sec.  4.  He  sliall  keep  all  books,  records,  files  and  papers  care- 
fully, and  shall  permit  no  paper  there  deposited  to  be  taken  from 
Ills  office  before  it  shall  be  recorded. 

Sec.  5.  He  shall  receive,  file  and  record,  for  the  legal  fees,  all 
deeds  and  instruments  brought  for  that  purpose,  and  shall  examine 
the  records  and  give  certificates  or  copies  thereof,  when  required. 

Sec.  6.  He  shall  keep  a  general  index,  containing  two  lists,  ar- 
ranged alphabetically  ;  one  consisting  of  all  the  names  of  grantors 
to  grantees  ;  the  other  the  names  of  all  grantees  from  grantors  :  in 
which  he  shall  enter,  at  the  time  of  recording  any  deed,  the  names 
of  the  grantors  and  grantees,  as  aforesaid. 

Sec.  7.  Immediately  upon  the  receipt  of  any  deed  for  record,  he 
shall  enter  in  separate  columns  in  a  book  kept  by  him  and  open  to 
inspection,  the  time  when  the  deed  is  received,  the  name  of  the 
grantor,  the  name  of  the  grantee  and  the  name  of  the  town  in 
which  the  land  conveyed  is  situate. 

Sec.  8.  If  the  register  shall  neglect  any  duty  imposed  by  this 
chapter,  he  sliall  forfeit  twenty  dollars  to  be  recovered  by  an  action 
of  debt,  in  the  name  of  the  treasm-er  of  the  county,  for  the  use  of 
the  county,  and  shall  also  be  liable  to  an  action  on  the  bond,  as 
aforesaid. 


80 


COUNTY  REVENUE. 


[title  V. 


CHAPTER  33. 


OF  THE  COUNTY  REVENUE. 


Skction 

1.  Court  of  common  pleas  to  recommend 

taxes. 

2.  Taxes,  how  to  be  granted. 

3.  Clerk    of  court  of  common  pleas    to 


Section 

record  doings  of  convention. 

4.  County  treasurer  to  issue  warrant  for 

tax. 

5.  Execution  against  county,  how  paid. 


Section  1.  Each  county  treasurer  shall,  in  December  annually, 
make  and  deliver  to  the  court  of  common  pleas,  at  the  next  stated 
term  thereafter,  a  particular  and  certified  statement  of  the  condition 
of  the  treasury ;  and  said  court  shall  determine  how  much  money 
in  their  opinion  is  necessary  to  be  raised  in  and  for  the  county,  for 
the  year  ensuing,  stating  in  general  the  purposes  for  which  the  same 
may  be  needed  and  the  amount  for  each  object,  and  lodge  such 
determination  and  statement  with  the  clerk  of  said  court,  who  shall 
transmit  the  same  to  the  secretary  of  state  prior  to  the  second  Wed- 
nesday of  June  next  following. 

Sec.  2.  The  representatives  of  the  several  towns  composing 
each  county,  on  the  second  Wednesday  of  the  session  in  June  or 
on  some  subsequent  day  of  the  same  week,  shall  meet  and  form 
themselves  into  a  convention,  of  the  time  and  place  of  which  notice 
shall  be  given  by  the  speaker.  The  convention  may  choose  a  chair- 
man ;  a  clerk  who  shall  be  sworn  by  the  chairman  or  some  justice, 
and  who  shall  record  all  the  ^proceedings  thereof,  and  shall  deliver 
such  record  or  cause  the  same  to  be  delivered  to  the  clerk  of  the 
court  of  common  pleas  for  said  county  within  sixty  days  thereafter  ; 
and  said  convention  may  grant  and  appropriate  such  taxes  for  the 
use  of  the  county  as  may  be  necessary ;  and  all  taxes  so  voted  by 
the  majority  of  the  representatives  present,  shall  be  valid. 

Sec.  3.  The  clerk  of  the  court  of  common  pleas  for  each  coun- 
ty shall  record  in  the  record  book  of  conventions  for  the  county, 
(which  shall  be  kept  in  his  office,)  the  doings  of  such  convention, 
and  he  shall  certify  to  the  treasurer  of  the  county  all  taxes  granted 
by  the  same. 

Sec.  4.  The  treasurer  shall  issue  his  warrant  to  the  selectmen 
of  the  several  towns  in  his  county  liable  to  pay  state  taxes,  requir- 
ing them  to  assess,  collect  and  pay  in  to  the  treasurer  of  said  county, 
within  such  time  as  shall  be  therein  directed,  their  just  proportion 
of  all  taxes  granted  and  certified  as  aforesaid,  which  shall  be  ac- 
cording to  their  proportion  of  public  taxes  for  the  time  being,  and 
may  enforce  the  collection  and  payment  thereof,  in  the  same  man- 
ner as  the  treasurer  of  the  state  may  enforce  the  collection  and  pay- 
ment of  outstanding  state  taxes. 

Sec.  5.  If  any  execution  shall  issue  against  any  county,  the  trea- 
surer, upon  demand  made  shall  pay  the  same  out  of  any  money  in 


CHAP.  24.] 


VOTERS. 


81 


tlie  treasury ;  and  if  this  is  insufficient,  he  may  issue  his  warrant  to 
the  selectmen  of  the  several  towns  in  the  county,  in  the  manner 
prescribed  in  the  preceding  section,  requiring  them  to  collect  and 
pay  into  the  treasury,  within  forty  days,  a  sum  sufficient  to  satisfy 
said  execution,  and  may  enforce  payment  thereof  in  manner  there- 
in provided. 


TITLE   YI. 

OF  ELECTIONS  OTHER  THAN  OF   COUNTY    AND    TOWN 

OFFICERS. 


Chapter  24.  Of  the  rights  and  qualifications  of  voters. 

Chapter  25.  Of  the  manner  of  conducting  elections. 

Chapter  26.  Of  the  election  of  governor,  counsellors  and  senators. 

Chapter  27.  Of  the  election  of  representatives  in  congress. 

Chapter  28.  Of  the   election  of   electors  of   president   and  vice- 
president. 

Chapter  29.  Of  the  election  of  representatives  to  the  general  court. 

Chapter  30.  General  provisions  concerning  elections. 


CHAPTER  S4. 


OF  THE  RIGHTS  AND  QUALIFICATIONS   OF  VOTERS. 


Section 

1.  Who  are  legal  voters. 

2.  Who  are  to  be  deemed  paupers. 

3.  Aliens  are  not  voters. 

4.  Length  of  residence  required. 


Section 

5.  Residence  not  lost  by  a  temporary  ab- 

sence. 

6.  Students  gain  no  residence. 


Section  1.  Every  male  inhabitant  of  each  town,  being  a  native 
or  naturalized  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years  and  upwards,  excepting  paupers  and  persons  excused  from 
paying  taxes  at  their  own  request,  shall  have  a  right,  at  any  meet- 
ing, to  vote  in  the  town  in  which  he  dwells  and  has  his  home. 

Sec  2.  No  person  shall  be  considered  a  pauper  within  the  mean- 
ing of  the  preceding  section,  unless  he  has  been  assisted  as  such, 
within  ninety  days  prior  to  the  meeting  in  Miiich  he  claims  the 
right  to  vote. 

Sec.  3.  No  alien  shall  be  entitled  to  vote  at  any  town  meeting. 
11 


82 


MANNER    OF    CONDUCTING    ELECTIONS.         [tITLE  VI. 


Sec.  4.  No  person  shall  be  considered  as  dwelling  or  having  liis 
home  in  any  town  for  the  purpose  of  voting,  or  being  voted  for  at 
any  meeting  therein,  unless  he  shall  have  resided  within  this  state 
six  months,  and  within  such  town  three  months,  next  preceding  the 
day  of  said  meeting. 

Sec.  5.  When  such  a  residence  is  acquired  by  any  person  in  any 
town,  it  shall  not  be  interrupted  or  lost  by  a  temporary  absence 
therefrom  with  the  intention  of  returning  thereto  as  his  home. 

Sec.  6.  No  person  attending  at  any  college,  academy  or  other 
literary  institution  in  any  town  for  the  purpose  of  obtaining  an 
education,  shall  be  entitled  to  vote  therein,  nor  lose  his  right  at  his 
former  residence.  This  shall  not  apply  to  any  person  who  had  a 
previous  legal  residence  in  any  such  town,  or  who  has  removed  and 
taken  up  his  permanent  residence  therein. 


CHAFTEM  95. 

OF  THE  MANNER  OF  CONDUCTING  ELECTIONS. 


Section 

1.  List  of  voters  to  be  posted. 

2.  Sessions  for  correcting  such  list  to  be 

Iiolden. 

3.  List,  how  to  be  corrected. 

4.  List  open  to  examination. 

5.  Voters  on  said  list  may  vote,  if  acci- 

dentally omitted. 

6.  List  to  be  present  at  meeting. 

7.  Ballot  boxes  to  be  provided. 

8.  What  are  deemed  ballots. 

9.  Mode  of  balloting. 

10.  What  officers  to  be  voted  for  on  one 

ticket. 

11.  No  person  need  vote  for  every  officer  ; 

when  deemed  a  blank. 

12.  Selectmen  and   town  clerk  to  assist 

in  countinjr  votes. 


Section 

13.  Majority,  how  determined. 

14.  Majority,  how  determined. 

15.  Votes,  how  to  be   counted,  declared 

and  recorded. 

16.  No  ballot  to   be  received    after   the 

votes  declared. 

17.  Statutes  to  be  presentat  the  meeting. 

18.  Check  list  and  list  of  polls  to  be  filed 

with  town  clerk. 

19.  Penalty  for  treating  at  elections. 

20.  Penalty  for  voting  illegally. 

21.  Penalty  for  neglect  or  fraud  of  select- 

men. 

22.  Penalty    for  fraud    of  moderator   or 

selectmen. 

23.  Penalty    for    any    other    neglect    or 

fraud. 


Section  1.  The  selectmen  shall  lodge  with  the  town  clerk,  and 
shall  also  cause  to  be  posted  up  in  one  or  more  public  places  in  the 
town,  an  alphabetical  list  of  all  the  legal  voters  therein,  fifteen  days 
at  least  prior  to  any  meeting  for  the  choice  of  state  or  county  offi- 
cers, representatives  in  congress  or  electors  of  president  and  vice- 
president. 

Sec.  2.  The  selectmen  shall  be  in  session  at  some  convenient 
place  for  so  long  a  time  as  shall  be  necessary,  within  three  days 
next  preceding  any  such  meeting,  for  the  purpose  of  correcting  said 


CHAP.  25.]        MANNER    OF    CONDUCTING    ELECTIONS.  83 

list,  and  one  session  shall  be  for  two  hours  at  least  on  the  day  and 
before  the  opening  of  said  meeting.  Notice  of  the  time  and  places 
of  holding  said  sessions  shall  be  given  upon  said  lists  at  the  time 
of  posting  ap  the  same. 

Sec.  3.  The  selectmen  shall  hear  all  applications  for  the  inser- 
tion of  the  name  of  any  person  upon  said  list,  or  the  erasure  of  any 
name  therefrom,  and  may  examnie  the  party  or  any  witnesses  there- 
to upon  oath,  which  may  be  administered  by  any  member  of  the 
board.  They  shall  insert  the  name  of  every  legal  voter  omitted, 
and  erase  the  name  of  every  person  not  a  legal  voter. 

Sec.  4.  The  list,  as  corrected  by  the  selectmen,  shall  at  all  times, 
before  the  opening  of  any  meeting,  be  open  for  the  examination 
of  every  citizen  of  the  town. 

Sec.  5.  No  person  shall  be  allowed  to  vote  at  any  meethig  afore- 
said, unless  his  name  is  inserted  upon  said  list  before  the  opening 
of  such  meeting,  and  the  vote  of  no  person,  whose  name  is  then 
upon  said  list,  shall  be  rejected  ;  provided,  however,  that  this  sec- 
tion shall  not  be  so  construed  as  to  prevent  any  person  from  voting 
at  any  election,  whose  residence  has,  with  the  knowledge  of  the 
selectmen,  been,  for  and  during  the  year  next  preceding  the  said 
election,  in  such  town,  but  whose  name  has  been  accidentally 
omitted  from  said  list. 

Sec.  6.  The  selectmen  shall  be  present  at  the  opening  of  such 
meeting,  and  shall  have  then  and  there  present  the  list  of  legal 
voters  corrected  as  aforesaid. 

Sec  7.  A  suitable  box  or  boxes  shall  be  provided  by  the  select- 
men at  the  expense  of  the  town,  in  which  to  receive  the  ballots 
of  the  voters. 

Sec  8.  Each  ballot  shall  contain  the  name  of  every  person  voted 
for,  and  may  be  either  written  or  printed.  Blank  pieces  of  paper 
shall  not  be  counted  as  ballots,  votes  or  tickets. 

Sec  9.  Each  voter  shall  deliver  his  ballot  to  the  moderator  in 
open  meeting,  and  the  moderator,  on  receiving  the  ballot,  shall  di- 
rect the  town  clerk  to  check  the  name  of  the  voter  on  said  list,  and 
shall,  without  inspecting  the  name  of  any  person  voted  for,  exam- 
ine said  ballot  so  far  only  as  to  determine  whether  the  same  con- 
tains more  than  one  ticket ;  if  it  do  not,  he  shall  place  the  ballot  hi 
the  balloting  box,  but  if  it  do,  he  shall  make  it  manifest  to  the 
meeting,  and  reject  the  same. 

Sec  10.  In  balloting  for  state  and  county  officers,  representa- 
tives to  congress  or  electors  of  president  and  vice-president,  the 
moderator  shall  call  for  the  ballots  for  so  many  of  said  officers  as  it 
may  be  necessary  to  vote  for  at  such  meeting,  to  be  given  in  on 
the  same  ticket,  as  a  majority  of  the  voters  present  may  request  or 
designate,  with  the  respective  offices  designated  against  the  name 
of  each  person  voted  for. 

Sec  11.  If  several  officers  are  to  be  voted  for  upon  one  ticket, 
no  person  shall  be  obliged  to   vote  for  each  of  said  officers.     And 


84  MANNER    OF    COiNDUCTLNG    ELECTIONS.        [TITLE    VI. 

when  more  than  one  description  of  officers  are  voted  for  on  the 
same  ticket,  any  ticket  which  does  not  contain  at  least  one  vote  for 
each  description  of  officers,  shaU  be  regarded  as  a  blank  vote  as  to 
the  description  of  officers  omitted. 

Sec.  12.  The  selectmen  and  town  clerk  shall  assist  in  sorting 
and  counting  said  votes,  but  no  other  person  shall  in  any  manner 
interfere  therewith. 

Sec.  13.  In  determinmg  the  result  of  any  election,  the  whole 
number  of  persons  voting  for  any  officer,  shall  first  be  ascertained 
by  counting  the  Avhole  number  of  separate  tickets  given  in,  and  no 
person  shall  be  declared  to  be  elected  to  any  office,  who  shall  not 
have  received  a  majority  of  the  whole  number  of  tickets  given  in 
for  such  office. 

Sec.  14.  If  a  number  of  candidates  greater  than  the  requisite 
number,  shall  severally  receive  a  majority,  a  number  equal  to  the 
requisite  number,  having  the  greatest  excess  over  such  majority, 
shall  be  declared  to  be  elected.  But  if  the  number  to  be  elected 
cannot  be  completed  by  reason  of  any  two  or  more  candidates  hav- 
ing received  an  equal  majority,  one  or  more  being  greater  than  the 
requisite  number,  the  candidates  having  such  an  equal  majority, 
shall  be  declared  not  to  be  elected. 

Sec.  15.  The  moderator  shall  in  said  meeting,  in  presence  of  the 
selectmen  and  town  clerk,  sort  and  count  the  said  votes  and  make 
a  public  declaration  of  the  whole  number  of  the  tickets  given  in, 
with  the  name  of  every  person  voted  for,  and  the  number  of  votes 
for  each  person,  and  the  town  clerk  shall  make  a  fair  record  there- 
of at  large  in  the  books  of  the  town. 

Sec  16.  No  ballot  shall  be  received  and  counted  after  the  state 
of  the  votes  shall  have  been  declared  as  aforesaid. 

Sec  17.  The  town  clerk  shall  have  present  at  the  polls,  at  the 
opening  thereof,  all  the  statute  laws  of  this  State  in  force  relating  to 
the  subject  of  elections. 

Sec  18.  Upon  the  back  of  the  list  of  voters  used  at  the  annual 
meeting,  the  selectmen  shall  enter  the  names  of  all  the  ratable  polls 
in  the  town  not  included  in  said  list,  and  shall  fde  the  same  with 
the  town  clerk  within  one  week  after  the  town  meeting. 

Sec  19.  If  any  person  shall  directly  or  indirectly  give  spirituous 
liquor  to  any  voter  at  any  time  with  a  view  to  influence  any  elec- 
tion, or  as  a  treat  for  his  vote,  or  for  the  honors  bestowed  on  any 
candidate  at  such  election,  he  shall  be  punished  by  fine  not  exceed- 
ing twenty  dollars  for  each  offence. 

Sec  20.  If  any  person  at  any  meeting  for  the  choice  of  officers, 
shall  give  in  more  than  one  vote  for  any  officer  voted  for  at  such 
meeting;  or  if  any  person  under  the  age  of  twenty-one  years,  or 
any  alien  not  naturalized,  or  any  person  who  is  not  a  legal  voter, 
shall  give  in  any  vote  for  any  officer  at  such  meeting  ;  or  if  any 
person  being  under  examination  as  to  his  qualifications  as  a  voter 
before  the  board  of  selectmen,  shall  give  any  fiilse  name  or  answer ; 


CHAP.  2G.]      GOVERNOR,   COUNSELLORS    AND    SENATORS.  85 

he  shall  be  punished  by  fine  not  exceeding  thirty  dollars  for  each 
offence,  or  may  be  imprisoned  in  the  common  jail  not  exceeding 
three  months. 

Sec.  21.  If  any  selectman  at  any  session  holden  for  the  correc- 
tion of  the  list  of  voters,  on  receiving  satisfactory  evidence  that 
any  person  whose  name  is  on  said  list,  is  not  a  legal  voter,  shall 
neglect  or  refuse  to  erase  such  name  from  such  list ;  or  shall  neglect 
or  refuse  to  insert  on  said  list  the  name  of  any  person  who  is  a 
legal  voter,  having  satisfactory  evidence  thereof;  or  shall  neglect  or 
refuse  to  hear  or  examine  any  evidence  offered  for  such  purpose  in 
either  of  the  cases  aforesaid ;  or  shall  at  any  time  insert  on  said 
list  the  name  of  any  person  not  a  legal  voter,  knowing  such  to  be  the 
case  ;  or  shall  knowingly  erase  therefrom  or  omit  to  insert  the  name 
of  any  legal  voter  ;  he  shall  be  punished  by  fine  not  exceeding  fifty 
dollars  for  each  offence. 

Sec.  22.  If  any  moderator  or  selectman  at  any  such  meeting 
shall  fraudulently  receive  and  count  any  illegal  vote,  or  shall  fraud- 
ulently omit  to  receive  and  count  any  legal  vote  ;  or  shall  fraud- 
ulently embezzle  any  vote  from  the  number  of  legal  votes  cast,  or 
add  any  vote  thereto ;  or  shall  receive  or  count  any  vote  given  at 
such  meeting  by  proxy  and  without  the  personal  delivery  of  such 
vote  by  the  person  entitled  to  give  the  same  ;  he  shall  for  each  of- 
fence be  punished  by  fine  not  exceeding  fifty  dollars. 

Sec.  23.  If  any  person  shall  be  guilty  of  any  offence  against  any 
provision  of  this  chapter,  the  penalty  for  which  is  not  herein  speci- 
fied, he  shall  be  punished  by  fine  not  exceeding  thirty  dollars  for 
each  offence. 


CHAPTER  *I6. 

OF  THE  ELECTION  OF  GOVERNOR,  COUNSELLORS  AND  SENATORS. 


Section 

1.  Meeting,  when  to  be  holden. 

2.  Return  of  votes,  how  made. 

3.  Return,  when  to  be  made. 


Section 

4.  Receipt  to  be  given  therefor. 

5.  Penalty  for  neglect  to  make  return. 


Section  1.  The  meetings  of  the  several  towns  for  the  election 
of  governor,  counsellors  and  senators  shall  be  holden  on  the  second 
Tuesday  of  March  annually,  and  at  no  other  time. 

Sec  2.  The  town  clerk  shall  make  out  a  fair  and  exact  copy  of 
the  record  of  all  votes  given  in  at  any  such  meeting  for  governor,  for 
counsellor  and  for  senator,  upon  distinct  and  separate  pieces  of  paper, 
shall  certify  upon  each  copy  that  the  same  is  a  true  copy  of  said 
record,  and  shall  seal  up  said  copies  separately  and  direct  the  same 
to  the  secretary  of  state,  with  a  superscription  upon  each  express- 
ing the  purport  thereof. 


86  REPRESENTATi\T.S    IN    CONGRESS.  [tITLE    VI. 

Sec.  3.  He  shall  cause  such  attested  copy  to  be  delivered  to  the 
sheriff  of  the  county  in  which  such  town  lies,  thirty  days  at  least 
before  the  first  Wednesday  of  June,  or  to  the  secretary  of  state 
twenty  days  at  least  before  said  first  Wednesday  of  June,  and  the 
sheriff  or  his  deputy  shall  deliver  all  such  certificates  by  him  re- 
ceived, into  the  secretary's  office  twenty  days  at  least  before  the 
first  Wednesday  of  June, 

Sec.  4.  The  sheriff  or  secretary  upon  the  receipt  of  any  such 
copy,  shall  give  a  receipt  therefor,  if  requested. 

Sec.  5.  If  any  town  clerk  or  sheriff  shall  neglect  to  make  any 
return  of  votes  in  the  manner  aforesaid,  he  shall  be  punished  by  fine 
not  exceeding  one  hundred  dollars,  lior  less  than  twenty  dollars. 


ClfiAPTER  27. 

OF  THE  ELECTION  OF  REPRESENTATIVES  IN  CONGRESS. 


Section 

1.  Meeting,  when  to  be  holden. 

2.  Return  of  votes,  how  made. 

S.  Election,  how  declared  and  certified. 

4.  Proceedings  where  there  is  no  choice. 

5.  Certificate  and  return  of  votes. 


Section 

6.  Election,  how  declared  and  certified. 

7.  Proceedings  on  third  and  subsequent 

trials. 

8.  Vacancy,  how  filled. 

9.  Penalty  for  neglect  to  make  return. 


Section  1.  The  meeting  for  the  choice  of  representatives  hi 
congress  shall  be  holden  on  the  second  Tuesday  of  March,  one 
thousand  eight  hundred  and  forty-three,  and  on  the  second  Tues- 
day of  March  in  every  second  year  thereafter. 

Sec.  2.  The  return  of  votes  for  representatives  in  congress  shall 
be  made  out,  signed,  certified,  sealed,  directed,  transmitted,  receipted 
for,  examined  and  counted  at  the  same  time,  and  in  the  same  man- 
ner as  is  herein-before  provided  for  the  retm'n  of  votes  for  senator. 

Sec.  3.  If  any  person  shall  appear  to  be  elected  a  representa- 
tive in  congress  upon  such  count  by  a  majority  of  votes,  he  shall  be 
declared  duly  elected,  and  the  governor  shall  forthwith  transmit  to 
such  person  a  certificate  of  such  election  signed  by  himself,  coun- 
tersigned by  the  secretary,  and  with  the  seal  of  the  state  affixed 
thereto. 

Sec.  4.  If  so  many  persons  as  are  necessary  shall  not  be  elect- 
ed, the  governor,  with  advice  of  the  council,  shall  cause  precepts 
to  be  issued  to  the  selectmen  of  the  several  towns  requiring  them 
to  warn  meetings  to  be  holden  at  the  time  specified  in  said  precepts, 
for  the  choice  of  so  many  representatives  as  may  be  necessary  to 
fill  such  vacancy. 

Sec.  5.  The  votes  given  in  at  any  such  meeting  shall  be  receiv- 
ed, sorted,  counted,  declared,  recorded  and  certified,  and  the  return 


CHAP.  28.] 


ELECTION  OF  ELECTORS. 


87 


thereof  made  out,  signed,  certified,  sealed  and  directed  in  the  man- 
ner herein-before  directed,  and  the  clerk  shall  transmit  the  same  to 
the  sheriff  of  the  county  in  which  such  town  lies,  within  ten  days 
after  such  meeting,  or  shall  transmit  the  same  to  the  office  of  the 
secretary  of  state  within  fifteen  days  after  such  meeting  ;  and  every 
such  sheriff  shall  transmit  to  the  secretary's  office  all  returns  of 
votes  by  him  received  as  aforesaid,  within  twenty  days  after  said 
meeting. 

Sec.  6.  The  secretary  as  soon  as  may  be,  shall  lay  all  such  re- 
turns before  the  governor  and  council,  and  the  votes  shall  be  exam- 
ined and  counted,  and  the  election  of  any  representative  declared 
and  certified,  and  the  certificate  thereof  made  out  and  transmitted 
in  the  manner  herein-before  directed. 

Sec  7.  If  so  many  persons  as  shall  be  necessary  shall  not  be 
elected  upon  such  second  balloting,  the  governor,  with  advice  of 
the  council,  shall  forthwith  cause  new  precepts  to  be  issued  as 
aforesaid,  directing  another  meeting  to  be  Avarned  and  holden  to  fill 
such  vacancy,  and  the  same  proceedings  thereupon  shall  be  had  as 
are  prescribed  in  the  two  preceding  sections.  The  same  proceed- 
ings shall  be  had,  from  time  to  time,  so  long  as  may  be  necessary, 
until  the  whole  number  shall  be  elected. 

Sec.  8.  If  any  vacancy  in  the  representation  of  this  State  in 
congress  shall  occm*,  precepts  for  a  new  election  shall  issue  and 
proceedings  be  had  thereon  in  the  same  manner,  in  all  respects,  as 
is  provided  in  the  three  sections  preceding ;  but  if  no  person  shall 
receive  a  majority  of  the  votes  at  the  third  balloting,  the  person 
having  the  highest  number  of  votes  at  said  balloting,  shall  be  de- 
clared to  be  elected  and  shall  receive  a  certificate  thereof  accordingly. 

Sec  9.  If  any  town  clerk  or  sheriff  shall  neglect  to  make  any 
return  of  votes  as  aforesaid,  he  shall  be  liable  to  the  same  penalty 
provided  for  neglect  to  make  return  of  votes  for  senator. 


CHAPTER  98. 

OF  THE  ELECTIOiN  OF  ELECTORS  OF  PRESIDENT  AND  VICE- 
PRESIDENT. 


Section 

1.  Meeting,  when  to  be  holden. 

2.  Returns  of  votes,  how  made  by  clerk. 

3.  Returns  of  votes,  how  made  by  sheriff. 

4.  Votes,  how  counted  and  declared. 

5.  Proceedings,  when  no  choice. 


Section 

6.  Electors  to  be  notified  of  their  election. 

7.  Electoral  board,  how  organized. 

8.  Vacancies  in  board,  how  filled. 

9.  Board,  how  to  proceed  in  voting. 
10.  Penalty  for  neglect  to  return  votes. 


Section  1.  The  meeting  for  the  choice  of  electors  of  president 
and  vice-president  shall  be  holden  on  the  first  Monday  of  Novem- 


88  ELF.CTION    OF    ELECTORS.  [TITLE  VI. 

ber,  one  tliousand  eight  hundred  and  forty-fom-,  and  on  the  first 
Monday  of  November  in  every  fourth  year  thereafter,  and  the  gov- 
ernor shall  seasonably  issue  precepts  to  the  several  towns  directing 
them  to  warn  and  hold  meetings  at  the  time  and  for  the  purpose 
aforesaid. 

Sec.  2.  The  return  of  votes  for  electors  shall  be  made  out,  sign- 
ed, certified,  sealed  and  directed  in  the  same  manner  herein-before 
provided  for  the  return  of  votes  for  senator,  and  the  town  clerk 
shall  transmit  the  same  to  the  sheriff  of  the  county  within  seven 
days  after  said  meeting,  or  to  the  office  of  the  secretary  of  state  on 
or  before  the  last  Wednesday  but  one  of  the  same  month. 

Sec.  3.  Each  sheriff  shall  on  or  before  the  said  Wednesday 
transmit  to  the  secretary's  office  all  returns  of  votes  to  him  trans- 
mitted as  aforesaid.  The  sheriff  or  secretary  to  whom  such  return 
of  votes  shall  be  delivered,  shall,  if  requested,  give  a  receipt  therefor. 

Sec.  4.  The  secretary  shall  on  the  day  following  the  said  last 
W^ednesday  but  one  of  November,  lay  such  returns  before  the 
senate  and  house  of  representatives  in  convention,  to  be  by  them 
examined  and  counted.  Every  person  having  a  majority  of  votes 
shall  be  declared  an  elector,  unless  more  than  the  requisite  number 
have  such  majority,  when  the  requisite  number  of  persons  having 
the  highest  number  of  votes,  shall  be  declared  electors. 

Sec  5.  If  the  requisite  number  of  electors  shall  not  be  chosen 
as  aforesaid,  the  senate  and  house  of  representatives  in  convention 
shall  forthwith  elect  by  ballot  so  many  persons,  one  at  a  time,  as 
are  necessary  to  complete  the  requisite  number. 

Sec.  6.  The  governor  shall  cause  the  several  persons  who  may 
be  chosen  electors,,  to  be  notified  forthwith  of  their  election,  and  re- 
quest their  attendance  at  the  state  house  in  Concord,  on  the  Tuesday 
next  preceding  the  first  Wednesday  of  December  then  next,  at 
ten  of  the  clock  in  the  forenoon. 

Sec  7.  The  electors  chosen  as  aforesaid  shall  meet  at  the  state 
house  in  Concord,  on  said  Tuesday,  and  by  twelve  o'clock  at  mid- 
day of  said  day,  give  notice  to  the  legislature  of  the  number  of 
electors  present,  who  accept  said  office. 

Sec  8.  If  the  requisite  number  of  electors  are  not  present,  or 
do  not  accept,  the  senate  and  house  of  representatives  shall  imme- 
diately meet  in  convention,  and  by  joint  ballot  elect  the  number 
wanting  to  complete  the  board,  and  if  any  person  so  chosen  do  not 
accept,  the  convention  shall  immediately  fill  such  vacancy. 

Sec  9.  The  electors  shall  give  their  votes  for  president  and  vice- 
president  of  the  United  States  at  Concord,  on  said  first  Wednes- 
day of  December,  and  shall  proceed  therein  according  to  law. 

Sec  10.  If  any  clerk  or  sheriflf  shall  neglect  to  make  return  of 
votes  in  the  manner  aforesaid,  he  shall  incur  the  same  penalty  as 
in  case  of  neglect  to  return  votes  for  senator. 


CHAP.  29. 


ELECTIOiN   OF    REPRESENTATIVES. 


89 


CHAPTER  29. 

OF  THE  ELECTION  OF  REPRESENTATIVES  IN  THE  GENERAL 

COURT. 


of  towns  not  classed. 
Section 

1.  Meeting,  when  to  be  holden. 

2.  Certificate  of  election,  form,  &c. 

3.  Wlio  arc  ratable  polls. 

4.  Towns  specially  authorized,  duly. 

5.  List  of  towns  so  authorized. 

OF  CLASSED  TOWNS. 

6.  Meetings,  when  to  be  holden. 


Section 

7.  Meetings,  where  to  be  holden. 

8.  Meetings,  how  to  be  warned. 

9.  List  of  voters  to  be  posted,  &c. 

10.  Sessions  for  correcting  list. 

11.  Corrected  list,  copy  to  be  filed. 

12.  Proceedings  at  such  meetings. 

13.  Proceedings  when  no  town  clerk. 

14.  Neglect  to  warn  meeting,  penalty 
1.5.  List  of  towns  so  classed. 


OF    THE    ELECTION    IN    TOWNS    NOT    CLASSED. 

Section  1.  The  meeting  for  the  election  of  representatives  to 
the  general  court,  in  towns  not  classed,  shall  be  holden  on  the 
second  Tuesday  of  .March  annually;  but  if  the  election  of  the  re- 
quisite number  shall  not  be  effected  on  that  day,  the  meeting  may 
be  adjourned  to  and  the  election  of  the  number  deficient  made  on 
the  following  day,  but  not  afterwards. 

Sec  2.  The  certificate  of  election  shall  be  made  out,  certified 
and  signed  in  the  same  manner  as  the  return  of  votes  for  governor, 
and  the  town  clerk  shall  also  certify  that  the  check  list  was  duly 
posted  and  used  during  the  balloting  on  which  such  representative 
was  chosen  ;  the  number  of  ratable  polls  in  such  town  ;  and  the 
number  of  voters  upon  the  check  list  as  corrected  on  the  day  of 
such  annual  meeting. 

Sec.  3.  In  determining  the  number  of  representatives  to  which 
any  town  is  entitled,  every  male  inhabitant  of  the  age  of  twenty- 
one  years  and  upwards  shall  be  considered  a  ratable  poll. 

Sec.  4.  The  clerk  of  every  town  specially  authorized  to  send  a 
representative  to  the  general  court,  shall  note  on  the  margin  of  the 
certificate  of  election  the  time  when  such  authority  was  given. 

Sec  5.  Each  of  the  following  towns  and  places  not  having  the 
constitutional  number  of  ratable  polls,  may  send  a  representative 
to  the  general  court,  until  otherwise  ordered,  viz  :  Atkinson,  East 
Kingston,  Greenland,  Newington,  Newtown,  Hampton  Falls, 
Poplin,  South  Hampton,  Madbury,  Middleton,  Centre  Harbor, 
Brookfield,  Allenstown,  Brookline,  Litchfield,  Sharon,  Temple, 
Gilsum,  Roxbury,  Sullivan,  Surry,  Langdon,  Benton,  Hebron, 
Orange  and  Dalton. 
12 


90  ELECTION    OP^    REPRESENTATIVES.  [tITLE  VI. 


OF    THE    ELECTION    IN    CLASSED    TOWNS. 

Sec.  6.  The  meeting  for  the  election  of  the  representatives. of 
any  classed  towns  may  be  holden  on  any  day  in  March  except  the 
second  Tuesday  thereof. 

Sec  7.  Such  meeting  shall  be  called  by  warrant  under  the 
hands  and  seal  of  the  selectmen  of  the  town  wherein  the  meeting 
is  by  law  to  be  holden  for  that  year,  retiuiring  the  inliabitants  of 
xsaid  classed  towns  qualified  to  vote  for  senator,  to  meet  at  a  certain 
place  in  said  town,  and  at  a  certain  hour  therein  mentioned,  and 
expressing  the  purpose  of  such  meeting. 

Sec.  8.  The  selectmen  shall  post  up  an  attested  copy  of  such 
Avarrant  at  some  public  place  in  each  of  said  towns,  fifteen  days  at 
least  before  such  meeting,  and  return  such  warrant,  with  their  do- 
ings thereon,  at  the  time  and  place  of  said  meeting. 

Sec.  9.  The  selectmen  of  the  town  wherein  such  meeting  is  by 
law  to  be  holden,  shall  lodge  with  the  clerk  thereof,  and  cause  to 
be  posted  up  at  some  public  place  in  said  town,  at  least  fifteen  days 
previous  to  said  meeting,  an  alphabetical  list  of  all  the  legal  voters 
of  said  town,  and  shall  at  said  meeting  enter  on  said  list  the  name 
of  every  legal  voter  which  shall  be  upon  the  list  of  voters  of  any 
town  classed  therewith. 

Sec  10.  The  selectmen  of  each  classed  town  shall  hold  sessions 
for  the  correction  of  the  list  of  voters  in  the  manner  herein-before 
provided  for  other  towns,  giving  at  least  seven  days'  notice  there- 
of;  but  no  session  shall  be  holden  for  such  purpose  on  the  day  of 
the  election,  except  in  the  town  in  which  such  election  is  to  be 
holden. 

Sec  11.  An  attested  copy  of  the  check  list,  as  corrected  by  the 
selectmen  of  each  classed  town,  shall  be  filed  by  them  with  the 
town  clerk  of  the  town  in  which  such  meeting  is  to  be  holden, 
before  the  opening  of  such  meeting,  or  in  his  absence  with  one  of 
the  selectmen. 

Sec  12.  At  such  meeting  a  moderator  shall  be  chosen,  and  said 
moderator  and  the  selectmen  and  clerk  of  the  town  wherein  such 
meeting  is  holden,  and  the  legal  voters  of  each  town  present,  shall 
have  the  same  rights  and  powers,  perform  the  same  duties,  and  be 
subject  to  the  same  liabilities  and  penalties,  as  if  such  meeting 
were  a  legal  meeting  of  the  inhabitants  of  one  town  only. 

Sec  13.  If  there  shall  be  no  clerk  of  the  town  in  which  such 
meeting  is  to  be  holden,  or  in  case  of  his  absence,  the  legal  voters 
of  such  town  present  shall  choose  a  clerk  of  the  meeting,  who 
shall  be  sworn  and  shall  peribrm  the  duties  by  law  required  of 
town  clerks  in  town  meetings,  shall  keep  a  fair  record  of  the 
proceedings  of  the  meeting,  and  shall  transmit  the  same  duly  cer- 
tified, to  the  clerk  of  said  town  as  soon  as  one  shall  be  elected, 
who  shall  record  the  same  in  the  book  of  records  of  tlic  town  where- 
in such  meeting:  is  holden. 


CHAP.  30.] 


ELECTIONS GENERAL    PROVISIONS. 


91 


Sec.  14.  If  any  selectman  or  town  clerk  shall  neglect  to  per- 
form any  duty  required  of  him  by  this  chapter,  he  shall  be  punish- 
ed by  fine  not  exceeding  fifty  dollars. 

Sec.  15.  The  following  towns  and  places,  not  having  the  con- 
stitutional number  of  ratable  polls  each,  are  hereby  classed  for  the 
election  of  representatives  to  the  general  court  in  the  following 
manner,  and  each  class  may  send  one  representative  annually,  viz  : 
Carroll,  Nash  and  Sawyer's  Location,  Hart's  Location  and  Craw- 
ford's Grant ;  Jackson  and  Pinkham's  Grant ;  Pittsburg,  Clarksville, 
Dixville,  Millsfield  and  Errol ;  Franconia  and  Lincoln  ;  Berlin,  Gor- 
ham  and  Shelbm-ne  ;  Randolph  and  Jefferson  ;  Northumberland  and 
Stratford  ;  Milan,  Stark  and  Dummer  ;  Danville  and  Sandown  ; 
Windsor  and  Bennington  ;  Woodstock  and  Ellsworth  ;  Albany  and 
Chatham. 


CHAPTER  30. 


GENERAL  PROVISIONS  CONCERNING  ELECTIONS. 


Section 

1.  Neglect  to  return  votes  prosecuted. 

2.  Penalties,  how  recoverable. 

3.  Limitation  of  prosecutions. 

4.  Town  clerk  may  be  required  to  correct 

his  record  or  return  of  votes. 

5.  Penalty  for  neglect  to  amend,  &c. 


Section 

6.  Penalty  for  betting  on  elections. 

7.  What  is  a  bet  or  wager. 

8.  Money  or   property  so    lost   may  be 

recovered  back. 

9.  Fees  for  return  of  votes. 


Section  1.  The  secretary  of  state  shall, within  thirty  days  after 
any  default  in  the  retiu-n  of  votes,  certify  the  same  to  the  solicitor 
of  the  county,  which  certificate  shall  be  prima  facie  evidence  of  such 
default,  and  the  solicitor  shall  prosecute  every  person  guilty  of  such 
default. 

Sec.  2.  All  fines  and  penalties  accruing  under  the  six  preceding 
chapters  for  any  default  or  offence,  may  be  recovered  by  indictment 
or  information,  and  shall  be  appropriated  one  half  to  the  use  of  the 
prosecutor,  and  the  other  half  to  the  use  of  the  county. 

Sec  3.  No  prosecution  shall  be  sustained  unless  commenced 
within  one  year  after  the  commission  of  the  offence. 

Sec.  4.  If  the  clerk  of  any  town  or  place  shall  make  an  incor- 
rect or  insufficient  record  or  return  of  the  votes  given  therein  at  any 
meeting  for  any  of  the  officers  aforesaid,  the  tribunal  by  whom  said 
votes  are  opened  and  counted,  may  require  said  clerk  at  his  own 
expense  to  come  in  and  amend  said  record  or  return  according  to 
the  facts  of  the  case. 

Sec.  5.  If  any  clerk  shall  neglect  or  refuse  to  appear  and  amend 
as  aforesaid,  he  shall  be  punished  by  a  fine  of  fifty  dollars,  to  be 


92  TOWNS    AND    TOWN    OFFICERS.  [tITLE  VII. 

recovered  by  indictment  or  information  in  the  county  in  which  such 
dehnquent  resides. 

Sec.  6.  If  any  person  shall  make  or  accept  any  bet  or  wager  of 
money,  goods  or  property  of  any  kind  whatever,  upon  any  election 
for  any  jivd^lic  officer,  or  upon  the  event  or  result  of  such  election, 
or  upon  any  of  the  proceedings  thereof,  or  if  any  person  shall  re- 
ceive any  money,  goods  or  other  thing,  the  same  having  been  won 
upon  any  such  bet  or  wager,  he  shall  forfeit  and  pay  a  snm  equal 
to  double  the  amount  of  the  money  or  value  of  the  goods  or  pro- 
perty so  received,  bet  or  wagered,  to  the  use  of  the  person  who  first 
sues  therefor. 

Sec.  7.  Any  contract  or  agreement  made  or  entered  into  for  the 
purchase,  sale,  loan  or  use  of  any  money,  or  property  real  or  per- 
sonal, the  terms  of  which  are  made  to  depend  upon  or  are  to  be 
varied  or  affected  by  any  such  election,  or  by  the  event  or  result 
thereof,  or  of  any  of  the  proceedings  thereof,  shall  be  deemed  to 
be  a  bet  or  wager  within  the  meaning  of  this  chapter. 

Sec.  8.  If  any  person  shall  receive  any  money  or  property  won 
by  him  upon  any  bet  or  wager  as  aforesaid,  he  shall  be  liable 
therefor  to  the  person  losing  the  same,  in  an  action  of  assumpsit, 
trover,  or  other  form  proper  to  recover  the  same. 

Sec.  9.  The  fees  of  sheriffs  for  the  return  of  votes  to  the  secre- 
tary of  state  shall  be  ten  cents  per  mile  travel  each  way  from  the 
place  of  their  residence  to  the  capitol  in  Concord,  estimating  toll 
bridges  as  three  miles  travel  each,  but  allowing  only  one  travel  for 
all  returns  made  annually ;  and  the  secretary,  on  proper  evidence 
thereof,  may  pay  the  same  and  present  his  account  thereof  to  the 
governor,  who  shall,  by  and  with  the  advice  and  consent  of  the 
council,  draw  his  warrant  on  the  treasurer  therefor. 


TITLE  VII. 

OF  TOWNS  AND  TOWN  OFFICERS. 


Chapter  31.   Of  the  powers  of  towns. 
Chapter  32.   Of  warning  town  meetings. 
Chapter  33.   Of  the  government  of  town  meetings. 
Chapter  34.   Of  the  choice  of  town  officers. 
Chapter  35.   Of  the  oaths  of  town  officers. 
Chapter  36.   Of  vacancies  in  town  officers. 
Chapter  37.   Of  town  lines. 
Chapter  38.  Of  unincorporated  places. 


CHAP.  31.] 


POWERS    OF    TOWNS. 


93 


CHAPTER  31. 


OF  THE  POWERS  OF  TOWNS. 


Section 

1.  Towns  are  bodies  corporate. 

2.  Parishes  declared  to  be  towns. 

3.  Towns  may  hold   property  and   make 

contracts. 

4.  Towns  may  raise  taxes  for  certain  pur- 

poses. 


Section 

5.  Towns  may  raise  miiiisterial  taxes. 

6.  "         may  make  by-laws  as  to  pru- 

dential affairs. 

7.  "        may  make  bj'-laws  respecting 

cattle,  &c. 

8.  By-laws  remain  in  force  till  annulled. 


Section  1.  The  inhabitants  of  every  town  in  this  State  are  de- 
clared to  be  a  body  corporate  and  pohtic,  and  by  their  corporate 
name  may  sne  and  be  sned,  prosecnte  and  defend  in  any  conrt,  or 
elsewhere. 

Sec.  2.  All  places  incorporated  by  the  name  of  parishes,  with 
town  privileges,  are  declared  to  be  towns,  and  entitled  to  the  privi- 
leges, vested  Avith  all  the  powers  and  subject  to  all  the  liabilities 
of  towns. 

Sec.  3.  Towns  may  purchase  and  hold  real  and  personal  estate 
for  the  public  uses  of  the  inhabitants,  and  may  sell  and  convey  the 
same  ;  and  may  make  any  contracts  which  may  be  necessary  and 
convenient  for  the  transaction  of  the  public  business  of  the  town. 

Sec.  4.  Towns  may  at  any  legal  meeting  grant  and  vote  such 
sums  of  money  as  they  shall  judge  necessary,  for  the  support  of 
schools  ;  for  school-houses  ;  for  the  maintenance  of  the  poor  ;  for  lay- 
ing out  and  repairing  highways  ;  for  building  and  repairing  bridges  ; 
for  the  repair  of  meeting-houses  owned  by  the  town,  so  far  as  to 
render  them  useful  for  town  purposes ;  and  for  all  the  necessary 
charges  arising  within  the  town. 

Sec.  5.  Towns  may  vote  such  sums  of  money  as  may  be  neces- 
sary to  fulfil  any  existing  contract  made  between  the  town  and  any 
settled  minister  before  the  first  day  of  July,  1819:  provided,  no 
person  shall  be  taxed  for  the  piu-pose  of  fulfilling  such  contract, 
who  shall  have  filed  with  the  town  clerk,  before  the  assessment  of 
such  tax,  a  certificate  declaring  himself  not  to  be  of  the  religious 
persuasion  or  opinion  of  such  minister. 

Sec.  6.  Every  town  may  make  rules  and  by-laws  for  managing 
and  ordering  the  prudential  alfairs  of  such  town,  and  may  annex 
penalties  thereto  not  exceeding  four  dollars  for  one  offence,  and 
enuring  to  such  uses  as  they  may  direct. 

Sec  T.  Any  town  may  make  by-laws  to  prevent  horses,  mules, 
asses,  neat  cattle,  sheep  and  swine  from  going  at  large  in  any  street, 
highway  or  common,  or  in  any  public  place  in  the  town,  at  any 
time  of  the  year  therein  provided,  on  penalty  that  the  owner  shall 
forfeit  a  sum  not  exceeding  four  dollars  for  any  breach  thereof. 

Sec  S.  By-laws  adopted  by  any  town  shall  continue  in  force 
imtil  altered  or  annulled  by  vote  of  the  town,  or  by  law. 


94 


WARNING    TOWN    MEETINGS.  [tITLE  Vil. 


CHAPTER  3*^. 


OF  WARNING  TOWN  MEETINGS. 


Section 

1.  Meetings,  when  to  be  holden. 

2.  Warrant,  how  to  be  drawn. 

3.  Articles  to  be  inserted  on  application. 

4.  Warrant,  how  posted  by  selectmen. 

5.  Warrant,  how  served  by  constable. 

6.  Towns  rnay  prescribe  other  modes. 

7.  Warrant  to  be  returned. 


Section 

8.  Meetings  warned  in  case  of  death  of 

selectmen. 

9.  Justice   may  warn  on  refusal  of  se- 

lectmen. 

10.  Justice  may  warn  on  failure  of  meet- 

ing. 

11.  Form  of  warrant  and  proceedings. 

12.  Neglect  to  warn  meeting,  penalty. 


Section  1.  The  annual  meeting  of  every  town  shall  be  holden 
on  the  second  Tuesday,  or  other  day,  in  March  annually,  for  the 
choice  of  town  officers  and  the  transaction  of  all  other  toAvn  busi- 
ness. A  town  meeting  may  be  warned  by  the  selectmen  when  in 
their  opinion  there  shall  be  occasion  therefor. 

Sec.  2.  The  warrant  for  every  town  meeting  shall  be  under  the 
hands  and  seal  of  the  selectmen,  and  shall  prescribe  the  place, 
day  and  hour  of  the  meeting.  The  subject  matter  of  all  business 
to  be  there  acted  upon  shall  be  distinctly  stated  in  the  warrant,  and 
nothing  done  at  any  meeting  shall  be  valid  unless  the  subject 
thereof  was  so  stated. 

Sec.  3.  The  selectmen,  upon  the  written  application  of  ten  or 
more  voters  or  of  one  sixth  of  the  voters  in  the  town,  shall 
insert  in  their  warrant  for  the  annual,  or  any  other  meeting,  any 
subject  specified  in  such  application,  or  shall  warn  a  meeting  there- 
for, if  requested  in  such  application. 

Sec.  4.  The  selectmen  may  address  their  warrant  to  the  inhabi- 
tants of  the  town  qualified  to  vote  in  town  affaii-s,  in  which  case 
they  shall  post  up  an  attested  copy  of  such  warrant,  at  the  place  of 
meeting,  and  a  like  copy  at  one  other  public  place  in  the  town,  fif- 
teen days  before  the  day  of  meeting. 

Sec  5.  Warrants  for  town  meetings  may  be  directed  to  a  consta- 
ble of  such  town,  requiring  him  to  notify  the  inhabitants :  and  such 
constable  shall  post  up  an  attested  copy  of  such  warrant,  as  pro- 
vided in  the  preceding  section. 

Sec  6.  Any  town  may,  by  vote,  prescribe  a  dilferent  method  of 
warning  meetings ;  and  tlie  meetings  warned  in  pursuance  of  such 
vote  shall  be  legal  and  valid. 

Sec  7.  The  selectmen,  or  the  constable  servhig  any  warrant, 
shall  return  the  same  at  the  time  and  place  of  meeting,  with  a  cer- 
tificate of  the  service  thereof,  to  the  town  clerk,  or  in  liis  absence 
to  one  of  the  selectmen. 

Sec.  8.  In  case  of  the  death  or  removal  of  any  of  the  select- 
men of  a  town,  the  major  part  of  those  who  remain  in  office  shall 
have  power  to  warn  meetings. 


CHAP.  33.]  GOVERNMENT    OF   TOWN    MEETINGS. 


95 


Sec.  9.  If  the  selectmen  shall  unreasonably  neglect  or  refuse  to 
warn  a  meeting,  or  to  insert  any  article  in  their  warrant,  a  justice 
of  the  peace,  upon  application  in  writing  of  one  sixth  part  of  the 
voters  of  such  town,  may  issue  a  warrant  for  such  meeting. 

Sec.  10.  If  the  annual  meeting  in  any  town  shall  not  have  been 
holden,  or  if  there  has  never  been  any  legal  meeting  of  such  town, 
a  justice  of  the  peace,  on  application  of  ten  voters  or  of  one  sixth 
part  of  the  voters  of  the  town,  may  issue  a  warrant  for  such  meet- 

Sec.  11.  The  wai'rant  of  a  justice  of  the  peace  for  a  town  meet- 
ing shall  be  under  his  hand  and  seal,  directed  to  a  constable  of  the 
town,  if  any  there  be,  otherwise  to  one  of  the  voters  applying  ; 
shall  specify  the  time,  place  and  object  of  such  meeting,  and  shall 
be  served  and  returned  in  the  same  manner  as  warrants  issued  by 
selectmen. 

Sec.  12.  If  any  selectmen  shall  neglect  to  issue  a  warrant  for 
the  holding  of  meetings  for  the  choice  of  state,  county  or  town 
officers,  electors  of  president  and  vice-president  of  the  United 
States,  and  representatives  in  congress ;  or  shall  neglect  to  cause 
copies  of  such  warrant,  if  not  directed  to  a  constable,  to  be  duly 
posted  up,  or  notice  of  such  meeting  to  be  given  agreeably  to  any 
vote  of  the  tov/n,  they  shall  for  each  olfence  forfeit  the  sum  of 
fifty  dollars,  one  half  to  the  use  of  the  town,  the  other  half  to  any 
person  who  may  sue  for  the  same. 


CHAPTER   33. 


OF  THE  GOVERNMENT  OF  TOWN  MEETINGS. 


Section 

1.  Selectmen  to  preside. 

2.  When  justice  to  preside. 

3.  Moderator,  his  duties. 

4.  Poll  of  voters. 


Section 

5.  Speaking  in  town  meeting. 

6.  Disorders,  how  corrected. 

7.  Constables  to  obey  moderator. 


Section  1.  At  every  town  meeting,  the  first  or  senior  selectman 
present,  and  if  no  selectman  be  present,  the  town  clerk  shall  pre- 
side until  a  moderator  is  chosen,  and  shall  have  the  powers  and 
perform  the  duties  of  moderator. 

Sec  2.  When  there  are  no  selectmen  or  town  clerk  of  the  town, 
it  shall  be  the  duty  of  the  justice  calling  such  meeting  to  attend 
and  preside  until  a  moderator  is  chosen. 

Sec  3.  At  every  town  meeting  a  moderator  shall  be  first  chosen 
by  ballot,  by  a  majority  of  votes,  who  shall  be  sworn,  and  shall 
preside  in  and  regulate  the  business  of  the  meeting  ;  may  prescribe 


96  CHOICE    OF    TOWN    OFFICERS.  [xiTLE  VII. 

rules  of  proceeding  therein,  which  may  be  ahered  Ly  the  town  ; 
shall  decide  all  questions  of  order  and  make  a  public  declaration 
of  all  the  votes  passed. 

Sec.  4.  When  any  vote  declared  by  the  moderator  shall  imme- 
diately, and  before  any  other  business  is  commenced,  be  questioned 
by  seven  or  more  of  the  voters  present,  the  moderator  shall  make 
the  vote  certain  by  a  poll  of  the  voters. 

Sec.  5.  No  person  shall  speak  in  any  meeting,  without  leave  of 
the  moderator,  nor  when  any  person  is  orderly  speaking  ;  and  all 
persons  shall  be  silent  at  the  desire  of  the  moderator,  on  pain  of 
forfeiting  one  dollar  for  each  offence,  for  the  use  of  the  town. 

Sec.  6.  If  any  person  shall  conduct  in  a  disorderly  manner,  and 
after  notice  from  the  moderator  shall  persist  therein  ;  or  shall  in 
any  way  disturb  the  meeting  or  wilfully  violate  any  rule  of  pro- 
ceeding therein,  the  moderator  may  command  any  constable  or  any 
legal  voter  of  such  town  to  carry  such  disorderly  person  out  of 
the  meeting  and  detain  him  until  the  business  of  the  meeting  is 
finished. 

Sec.  7.  Every  constable  shall  obey  the  orders  and  commands 
of  the  moderator  for  the  preservation  of  order,  and  may  command 
such  assistance  as  is  necessary  ;  and  if  any  constable  shall  neglect 
to  perform  any  of  the  duties  imposed  by  this  or  the  preceding 
chapter,  he  shall  forfeit  the  sum  of  forty  dollars,  one  half  for  the 
use  of  the  town,  the  other  half  to  any  person  who  will  sue  for  the 
same. 


CHAPTER    34. 

OF  THE  CHOICE  OF  TOWN  OFFICERS. 


Section 

1.  Town  clerk,  choice  and  duties. 

2.  Selectmen,         "         "         " 

3.  Assessors,  "         "         " 


Section 

4.  Agents,  overseers,  &c. 

5.  Constables,  and  other  officers. 

6.  Term  of  office. 


Section  1.  Every  town  at  the  aimual  meeting  shall  choose  by 
ballot  and  by  major  vote  a  town  clerk,  Avhose  duty  it  shall  be  to 
record  all  votes  passed  by  the  town  while  he  may  remain  in  office, 
and  to  discharge  all  the  duties  of  the  office   according  to  law. 

Sec.  2.  At  such  meeting  three  or  more  selectmen,  not  exceeding 
nine,  shall  be  chosen  by  ballot  and  by  major  vote,  who  shall  man- 
age all  the  prudential  affairs  of  the  town,  and  shall  perform  all  the 
duties  by  law  prescribed.  A  majority  of  the  selectmen  shall  be 
competent  to  act  in  all  cases. 

Sec  3.  Any  town  may  choose  assessors  by  ballot  and  by  ma- 


CHAP.  35] 


OATHS    or    TOWN    OFFICERS. 


97 


jor  vole,  who  shall  constitute,  with  the  selectmen,  a  joint  board  for 
the  assessment  of  taxes ;  and  all  questions  arising  at  such  board 
shall  be  decided  by  a  major  vote  of  the  joint  members  thereof. 

Sec.  4.  Any  town  may  choose,  by  major  vote,  one  or  more 
agents,  overseers  of  the  poor,  a  treasurer,  firewards  and  health  offi- 
cers. If  such  officers  are  not  chosen,  the  selectmen  shall  discharge 
the  duties  and  have  the  powers  of  those  offices. 

Sec.  5.  Every  town  may  choose,  by  major  vote,  one  or  more 
constables ;  one  or  more  collectors  of  taxes ;  surveyors  of  high- 
ways ;  fence-viewers  ;  a  clerk  of  the  market ;  sealers  of  weights 
and  measures  ;  hog-reeves  ;  a  pound-keeper ;  measurers  of  wood  ; 
surveyors  of  lumber  ;  cullers  of  staves ;  and  every  other  officer 
who  may  be  directed  by  law  to  be  chosen,  and  such  other  officers 
as  they  may  judge  necessary  for  managing  their  affairs,  who  shall 
severally  perform  the  duties  prescribed  by  law. 

Sec.  6.  All  town  officers  shall  continue  in  office  until  the  next 
annual  meeting  for  the  choice  of  town  officers,  and  until  others 
shall  be  chosen  and  sworn  in  their  stead,  except  in  cases  where  the 
law  shall  otherwise  direct. 


CHAPTER  35. 


OF  OATHS  OF  TOWN  OFFICERS. 


Section 

1.  Town  officers  to  be  sworti. 

2.  Form  of  oath. 

3.  Moderator  to  notify  officers. 

4.  Town  clerk  to  notify  officers. 

5.  Penalty  for  neglect  of  constable  to  no- 

tify. 


Section 

6.  Penalty  for  neglect  of  officer  to  take 

oath. 

7.  When  excused  fro'm  penalty. 

8.  Oaths  to  be  recorded. 

9.  No  one  compelled  to  serve  two  years 

nor  as  collector. 


Section  1.  Every  town  officer  shall  take  the  oath  of  office  by 
law  prescribed  before  the  moderator,  the  town  clerk,  one  of  the 
selectmen  or  a  justice  of  the  peace,  who  are  hereby  authorized  to 
administer  such  oath. 

Sec  2.  The  form  of  the  oath  to  be  administered  to  town  officers 
shall  be  : 

"  You  do  solemnly  swear  that  you  will  faithfully  and  impartially 
discharge  and  perform  all  the  duties  incumbent  on  you  as  a 

,  according  to  the  best  of  your  abilities,  agreeably  to  the 
rules  and  regulations  of  the  constitution  and  laws  of  the  State  of 
New  Hampshire.  So  help  you  God.^' 

Sec  3.  Any  person  chosen  to  any  office  may  be  notified  by  the 
mod(;rator,  town  clerk  or  one  of  the  selectmen,  in  open  meeting, 
to  take  the  oath  of  office  ;  and  such  person,  if  present,  shall  imme- 
13 


98  OATHS    OF    TOWN    OI'FICERS.  [t1T[.F.    VII. 

diately,  in  open  meeting,  take  such  oath  or  declare  his  refusal  :  and 
any  person  so  chosen  and  notified  not  exempt  from  serving  in  such 
office,  who  shall  refuse  or  neglect  for  one  hour  to  take  such  oath,  shall 
incur  a  penalty  of  five  dollars,  one  half  for  the  nse  of  the  tOAvn, 
the  other  half  for  the  use  of  any  person  who  will  sue  for  the  same. 

Sec.  4.  The  town  clerk  shall  forthwith,  after  the  choice  of  any 
town  officers,  by  a  precept  under  his  hand,  direct  a  constable  to 
notify  the  persons  so  chosen,  whose  names  and  the  offices  to  which 
they  are  chosen  shall  be  designated  therein,  to  appear  before  him 
within  six  days  from  the  day  of  the  notice  given,  and  take  the  oath 
by  law  prescribed ;  and  the  constable  shall  within  four  days  give 
personal  notice  to  the  persons  therein  named,  or  leave  a  notice  in 
writing  at  the  usual  place  of  abode  of  each  of  them,  and  make  re- 
turn of  such  precept  and  his  doings  therein  to  such  town  clerk 
within  ten  days. 

Sec.  5.  Any  constable  neglecting  his  duty  in  any  of  the  forego- 
ing particulars,  shall  incur  a  penalty  of  five  dollars,  one  half  to 
the  nse  of  the  town,  the  other  half  to  the  use  of  the  person  who 
will  sue  for  the  same. 

Sec.  6.  Every  person  so  chosen  and  notified,  not  by  law  exempt 
from  serving  therein,  who  shall  neglect  for  six  days  after  personal 
notice,  or  after  notice  left  at  his  usual  place  of  abode,  or  after  his 
return  in  case  he  was  absent  when  such  notice  was  left,  to  appear 
before  said  town  clerk  and  take  such  oath,  shall  incur  a  penalty  of 
five  dollars,  to  be  recovered  and  appropriated  as  in  the  preceding 
section. 

Sec  7.  Any  person  so  chosen  and  notified,  who  shall  take  the 
oath  of  office  before  one  of  the  selectmen  or  a  justice  of  the  peace, 
and  file  a  certificate  thereof  with  the  town  clerk  within  said  six 
days,  shall  be  exempted  from  said  penalty. 

Sec.  8.  The  town  clerk  shall  make  a  record  of  every  oath  of  a 
town  officer  taken  in  open  town  meeting  at  the  time  of  the  elec- 
tion, and  of  every  such  oath  taken  before  him  at  any  other  time  and 
place,  the  import  of  which  record  may  be  that  the  officer  took  the 
oath  of  office  prescribed  by  law,  and  he  shall  record  and  keep  on  file 
every  certificate  filed  with  him  pursuant  to  the  preceding  section. 

Sec.  9.  No  person  shall  be  obliged  to  serve  in  any  town  office 
two  years  successively,  nor  shall  any  person  in  any  case  be  com- 
pelled to  serve  as  a  collector  of  taxes. 


CHAP.  36.]  VACANCIES    IN    TOWN    OFFICES.  99 

CHAPTER  36. 

OF  VACANCIES  IN  TOWN  OFFICES. 


Section 

1.  Town  may  elect  to  fill  vacancies. 

2.  Powers  of  officers  so  chosen. 

3.  Selectmen  may  appoint   collector,  in 

what  cases. 

4.  Collector   to    give    bond ;    otherwise 

office  vacant. 


Section 

5.  Town  may  fix  collector's  compensa- 

tion. 

6.  Selectmen  may  appoint  officers. 

7.  Selectmen  may  appoint  treasurer. 


Section  1.  When  any  person  elected  to  any  town  office,  shall 
not  accept  the  same,  or  shall  die,  resign,  remove  from  town,  or 
become  insane  in  the  judgment  of  the  town,  or  when  no  annual 
meeting  shall  have  been  holden  for  the  choice  of  town  officers,  or 
no  choice  has  been  made,  or  when  there  shall  be  a  vacancy  in  any 
other  way,  the  town  may  choose  such  officer  at  any  legal  meeting 
holden  for  that  purpose,  or  at  the  adjournment  of  the  annual 
meeting. 

Sec.  2.  The  powers,  duties  and  liabilities  of  every  officer  so  cho- 
sen, shall  be  the  same  as  if  he  was  chosen  at  the  annual  meeting  ; 
and  he  may  take  up  the  business  appertaining  to  his  office  where 
his  immediate  predecessor  left  it,  and  proceed  to  the  fall  execution 
of  the  same. 

Sec.  3.  Where  any  town  shall  neglect  or  refuse  to  choose  a  col- 
lector of  taxes,  or  to  ffil  a  vacancy  in  that  office,  or  where  any 
town  shall  by  a  vote  at  their  annual  meeting  so  direct,  the  select- 
men may  appoint  a  collector  or  collectors  of  taxes,  whose  powers, 
duties  and  liabilities  shall  be  the  same  as  those  of  collectors  chosen 
by  the  town. 

Sec.  4.  Every  collector  or  constable  shall  within  six  days  after 
his  election  or  appointment  give  a  bond,  with  sufficient  sureties  to 
the  acceptance  of  the  town  or  of  the  selectmen,  for  the  faithful 
performance  of  the  duties  of  his  office,  and  in  default  thereof  the 
office  shall  become  vacant. 

Sec.  5.  Every  town  may,  at  their  annual  meeting,  determine  by 
vote  or  otherwise,  the  rate  or  amount  of  compensation  to  be  allow- 
ed the  collector  of  taxes  for  his  services ;  and  whenever  the  select- 
men shall  appoint  a  collector,  they  shall  make  a  written  agreement 
as  to  such  compensation,  which  shall  be  signed  by  the  selectmen 
and  collector. 

Sec.  6.  Whenever  a  vacancy  shall  occur  in  any  town  office 
other  than  that  of  selectmen,  the  selectmen  may  iiiAvriting  appoint 
some  suitable  person  to  the  office,  "who  shall  be  sworn ;  and  his  ap- 
pointment and  a  certificate  of  such  oath  being  recorded  in  the 
records  of  the  town,  he  shall  have  the  powers,  perform  the  duties 
and  be  subject  to  the  liabilities  of  such  office  until  another  person 
shall  be  chosen  and  qualified  ;  and  it  shall  be  the  duty  of  the  se- 


100 


TOWN    LINES. 


[title  VII. 


lectmen  without  delay  so  to  appoint  a  town  clerk,  whenever  a 
vacancy  shall  occur  in  that  office. 

Sec.  7.  The  selectmen  being  authorized  by  vote  of  the  town, 
shall  appoint  a  treasurer  within  fourteen  days  after  their  election, 
and  fix  his  compensation  by  a  written  contract.  Such  treasurer 
shall  be  sworn,  shall  give  bonds  for  the  faithful  discharge  of  his 
duties,  to  the  satisfaction  of  the  selectmen,  and  shall  hold  his  office 
during  their  pleasure. 


CHAPTER  37. 

OF  TOWN  LINES. 


Section 

1.  West  line  of  towns  on  the  Connecti- 

cut. 

2.  Lines  to  be  perambulated. 

3.  Returns  of  perambulations. 


Section 

4.  What  towns  to  give  notice. 

5.  Penalties  for  neglect  of  duty. 

6.  Court  of  common  pleas  to  determine 

disputed  lines. 


Section  1.  The  northerly  and  southerly  lines  of  towns  adjoin- 
ing Connecticut  river,  are  continued  and  extended  across  said  river 
to  the  westerly  line  of  the  State,  and  the  west  line  of  the  State  is 
declared  to  be  the  western  boundary  of  such  towns. 

Sec.  2.  The  lines  between  the  towns  in  this  State  shall  be  per- 
ambulated, and  the  marks  and  bounds  renewed  once  in  every  seven 
years  forever,  by  the  selectmen  of  such  towns,  or  by  such  person 
as  they  shall  in  writing  appoint  for  that  purpose. 

Sec  3.  A  return  of  such  perambulation  shall  be  made,  particu- 
larly describing  the  courses  and  distances,  and  the  marks  and  mon- 
uments of  such  line ;  which  shall  be  signed  by  the  selectmen  or 
persons  making  the  same,  and  recorded  in  the  respective  town  books. 

Sec.  4.  The  selectmen  of  the  town  first  incorporated,  or,  if  both 
were  incorporated  on  the  same  day,  of  the  town  which  is  highest 
in  the  proportion  of  public  taxes,  shall  give  to  the  selectmen  of  the 
town  adjoining,  notice  of  the  time  and  place  of  meeting  for  such 
perambulation,  ten  days  before  the  day  of  meeting. 

Sec,  5.  If  the  selectmen  whose  duty  it  is  to  give  such  notice, 
shall  neglect  to  notify  as  aforesaid,  or  shall  neglect  to  attend  agree- 
ably to  such  notice ;  or,  if  the  selectmen  of  any  town  after  being 
duly  notified,  shall  neglect  to  attend  ;  or  if  any  selectmen  shall 
neglect  to  cause  a  return  of  such  perambulation  to  be  made  and 
recorded  as  aforesaid,  each  selectman  so  neglecting  shall  forfeit 
twenty  dollars,  one  half  for  the  use  of  the  town  whose  selectmen 
have  done  their  duty,  and  the  other  half  to  the  use  of  such  of  said 
selectman  as  shall  sue  for  Ihe  same. 


CHAP.  38.]  TAXES.  101 

Sec.  6.  When  the  selectmen  of  adjoining  towns  shall  disagree 
in  renewing  and  establishing  the  lines  and  bounds  of  such  towns, 
the  court  of  common  pleas  for  the  county  in  which  the  town  first 
incorporated,  or  paying  the  highest  tax  as  aforesaid,  is  situate,  upon 
petition  and  after  notice  to  the  other  town  interested,  shall,  by 
themselves  or  a  committee  for  that  purpose,  examine  said  disputed 
lines,  and  their  decision  thereon  shall  be  final,  and  the  court  may 
order  either  or  both  towns  to  pay  the  costs,  as  they  may  thuik  just. 


CHAPTER  38. 

OF  UNINCORPORATED  PLACES. 

Section  1.  All  places  unincorporated,  which  shall  be  required  to 
pay  any  public  tax,  are  invested  with  the  powers  of  towns  relating 
to  the  choice  of  moderator  and  clerk,  of  selectmen,  assessors  and 
collectors ;  and  all  the  provisions  of  the  laws  applicable  to  towns 
and  town  officers,  are  extended  to  such  unincorporated  places  and 
their  officers,  so  far  as  they  relate  to  meetings  for  the  choice  of  such 
officers,  and  to  their  election,  powers,  duties  and  liabilities,  and  so 
far  as  they  relate  to  public  highways,  the  assessment  and  collection 
of  public  taxes,  and  the  perambulation  of  the  lines  of  such  places. 


TITLE  Till. 

OF  TPIE  ASSESSMENT  AND  COLLECTION  OF  TAXES. 


Chapter  39.  Of  persons  and  property  liable  to  taxation. 

Chapter  40.  Where  and  to  whom  persons  and   property  shall  be 

taxed. 

Chapter  41.  Of  the  annual  invoice  of  polls  and  taxable  property. 

Chapter  42,  Of  the  appraisal  of  taxable  property. 

Chapter  43.  Of  the  assessment  of  taxes. 

Chapter  44.  Of  the  abatement  of  taxes. 

Chapter  45.  Of  the  collection  of  taxes  of  residents. 

Chapter  46.  Of  the  collection  of  taxes  of  non-residents. 

Chapter  47.  Of  the  collection  of  taxes  by  sheriffs. 

Chapter  48.  Of  extents. 


102 


PERSONS    AND    PROPERTY. 


[title  VIII. 


CHAPTER   39. 


OF  PERSONS  AND  PROPERTY  LIABLE  TO  TAXATION. 


Section 

1.  Male  polls. 

2.  Real  estate. 

3.  Personal  property. 

1.  Stock  in  funds. 

2.  "      in  corporations. 

3.  Money  on  hand  and  on  interest. 
5.  Stock  in  trade. 


Section 

3.  5.  Carriages. 

6.  Horses. 

7.  Neat  cattle. 

8.  Sheep. 

4.  Railroads,  how  taxed. 

5.  Tax,  how  distributed. 

6.  Statement  of  shares  to  be  furnished. 


Section  1.  All  male  polls,  from  twenty-one  to  seventy  years  of 
age,  are  liable  to  be  taxed,  except  paupers  and  insane  persons. 

Sec.  2.  All  real  estate,  except  houses  of  public  worship,  school 
houses,  seminaries  of  learning  and  property  of  the  State  and  comity, 
whether  improved  or  unimproved,  and  whether  owned  by  residents 
or  others,  is  liable  to  be  taxed  ;  buildings,  mills,  carding  machines, 
factory  buildings  and  machinery,  wharves,  ferries,  toll  bridges,  locks 
and  canals,  shall  for  the  purpose  of  taxation  be  deemed  real  estate. 

Sec  3.  Personal  property  liable  to  be  taxed  is  : 

1.  Stock  in  public  funds  : 

2.  Stock  in  all  corporations  in  this  State,  except  manufacturing 
and  railroad  corporations,  and  stock  in  any  corporation  out  of  this 
vState  if  not  there  assessed  ;  provided  that  in  either  case  a  dividend 
or  income  is  or  may  be  derived  from  said  stock,  and  notwithstanding 
such  stock  is  mortgaged,  pledged  or  otherwise  conveyed  as  security  : 

3.  Money  on  hand  or  at  interest,  more  than  the  owner  pays 
interest  for ;  including  money  deposited  in  any  bank  or  savings 
institution,  or  loaned  on  any  mortgage,  pledge,  obligation,  note  or 
other  security  whatever,  whether  on  interest  or  interest  be  paid  or 
received  in  advance  : 

4.  Stock  in  trade,  whether  of  merchants  or  shopkeepers,  mecha- 
nics or  tradesmen,  employed  in  their  trade  or  business,  reckoning 
the  same  at  the  average  value  thereof  for  the  year  ;  all  raw  mate- 
rials and  manufactures  of  any  manufactory  ;  all  wood,  timber,  logs 
and  lumber,  manufactured  or  otherwise,  if  exceeding  fifty  dollars  in 
value,  shall  for  the  purpose  of  taxation  be  deemed  stock  in  trade : 

5.  All  carriages,  if  exceeding  fifty  dollars  in  value  : 

6.  All  horses,  asses  and  mules,  over  eighteen  months  old : 

7.  All  oxen,  cows  and  other  neat  stock,  over  eighteen  months  old : 

8.  All  sheep  over  six  months  old. 

Sec  4.  Every  railroad  corporation  shall  pay  to  tlie  treasurer  of 
the  State  on  or  before  the  second  Wednesday  of  June  annually,  one 
per  cent,  on  the  value,  on  the  first  day  of  January  preceding,  of  that 
part  of  its  capital  stock  expended  within  this  State,  to  be  deter- 
mined by  the  certificate  of  the  justices  of  the  superior  court. 

Sec  5.   The  treasurer  of  said  State  shall  assign  and  distribute  in 


CHAP.  40.]     TAXES PERSONS  AND  PROPERTY. 


103 


the  month  of  June  annually  all  sums  so  received  by  him,  in  the 
following  manner : 

1st.  To  the  several  towns  in  which  any  railroad  maybe  located, 
one  fom-th  of  said  one  per  cent,  paid  by  said  railroad  corporation  ; 
each  town  to  receive  in  proportion  to  the  capital  stock  expended 
therein  for  buildings  and  the  right  of  way : 

2d.  To  the  several  towns  in  this  State  in  which  stock  in  any  rail- 
road shall  have  been  owned  on  the  first  day  of  the  April  next  pre- 
ceding, three  fourths  of  the  one  per  cent,  paid  by  said  corporation 
on  the  stock  owned  in  such  town,  upon  receiving  from  the  select- 
men thereof  satisfactory  evidence  that  the  same  was  owned  in  said 
toAvn  on  said  first  day  of  April ;  said  three  fourths  of  one  per  cent, 
to  be  by  the  selectmen  of  the  town  receiving  the  same,  appropri- 
ated in  just  proportions  to  the  several  purposes  for  which  taxes  are 
assessed  upon  the  polls  and  estates  of  such  stockholders  within 
such  town : 

3d.  The  remainder  for  the  use  of  the  State. 

Sec.  6.  It  shall  be  the  duty  of  the  agent  of  every  such  railroad 
corporation  to  transmit  to  the  treasurer  of  the  State,  on  or  before 
the  first  day  of  June  annually,  a  certified  statement  of  the  number 
of  shares  in  such  corporation  owned  in  each  town  in  this  State  on 
the  first  day  of  April  annually,  and  by  whom  owned,  and  such 
other  information  as  may  be  required  to  carry  out  the  provisions 
of  this  and  the  two  preceding  sections. 


CHAPTER  40. 

WHERE  AND  TO  WHOM  PERSONS  AND  PROPERTY  SHALL  BE  TAXED. 


Section 

9.  If  no  one  in  possession,  how  taxed. 

10.  Unimproved  lands  of  non-residents. 

11.  Estates  of  persons  deceased. 

12.  Estates  of  wards  and  trust  funds. 

13.  Persons  believed  to  be  inhabitants,  to 
be  assessed. 

14.  When  taxes  of  such  to  be  abated. 

15.  Lien   and   remedy  of  persons   taxed 
for  property  of  others. 

16.  Keeper  of  stud  horse  to  give  security 
for  tax. 

17.  Penalty  for  refusal. 

Section  1.  Every  person  shall  be  taxed  in  the  town  in  which 
he  is  an  inhabitant  or  resident  on  the  first  day  of  April,  for  his  poll 
and  estate,  except  in  cases  otherwise  provided  for  by  law. 


Section 

1.  Inhabitants,  how  taxed. 

2.  Students  at  literary  institutions. 

3.  Persons  removing  from  town. 

4.  Stock  in  corporation.s. 

5.  Property  of  manufacturing  and  other 

corporations. 

6.  Animals  and  stock   in  trade   kept  in 

any  town,  there  taxed. 

7.  Property  taxed  to  the  person  in  pos- 

session. 

8.  Person  in    possession    refusing,  how 

taxed. 


104  TAXES PERSONS    AND    PROPERTY.        [TITLE    VIII. 

Sec.  2.  Residence  in  any  town  merely  for  the  purpose  of  obtain- 
ing an  education  at  any  literary  institution,  shall  not  subject  the 
person  so  residing  to  taxation  in  such  town. 

Sec.  3.  la  case  any  person  shall  remove  from  town  on  or  after 
the  first  day  of  April,  he  shall  pay  his  taxes  that  year  in  the  town 
from  which  he  removed. 

Sec.  4.  Stock  in  banks,  insurance  and  other  corporations,  except 
railroad  and  manufacturing  corporations  in  this  State,  shall  be  taxed 
to  the  owner  thereof  in  the  town  in  which  he  resides,  if  in  this 
State,  otherwise  to  the  corporation  in  the  town  in  which  its  princi- 
pal office  or  place  of  business  in  the  State  shall  be  kept. 

Sec.  5.  Taxable  property  of  manufacturing  corporations  in  this 
State,  and  property  taxable  to  any  other  corporation,  shall  be  taxed 
to  such  corporation  by  its  corporate  name  in  the  town  or  place  in 
Avhich  it  is   situate,  except  in  cases  where  other  provision  is  made. 

Sec.  G.  All  animals  liable  to  be  taxed  kept  in  any  town,  and 
all  stock  in  trade  employed  in  any  town,  owned  by  any  person  not 
resident  therein,  shall  be  taxed  in  such  town,  to  the  owner  or  person 
having  the  care  thereof  on  the  first  day  of  April,  whether  such  per- 
son be  a  resident  in  town  or  not. 

Sec.  7.  All  real  and  personal  property  shall  be  taxed  to  the  per- 
son claiming  the  same,  or  to  the  person  who  is  in  the  possession 
and  actual  occupancy  thereof;  provided  such  person  will  consent 
to  be  taxed  for  the  same  ;  but  such  real  estate  shall  be  taxed  in 
the  town  in  Avhich  it  is  situate. 

Sec.  8.  If  any  person,  not  the  owner,  shall  be  living  on  any 
farm  or  in  any  house,  on  the  first  day  of  April,  and  shall  refuse  to 
be  taxed  for  it,  the  same  shall  be  taxed  as  resident  by  the  number 
of  the  lot  or  such  other  description  as  it  is  commonly  knoAvn  by, 
with  the  name  of  the  occupant  as  such  ;  and  all  property  so  taxed 
shall  be  holden  and  liable  to  be  sold  in  the  same  manner  that  the 
real  estate  of  residents  is  holden  and  sold  for  taxes. 

Sec.  9.  If  no  person  shall  be  in  possession  or  occupation  of 
any  buildings  deemed  by  the  selectmen  to  be  tenantable,  or  of  any 
other  real  estate  improved  as  pasture,  mowing,  arable,  or  otherwise, 
the  same  shall  be  taxed  as  non-resident  by  such  description  as  it 
may  be  readily  known  by,  with  the  name  of  the  owner,  if  known. 

Sec.  10.  Unimproved  lands  of  non-residents  shall  be  taxed  in 
the  name  of  the  owner,  if  known,  otherwise  in  the  name  of  the 
original  proprietor,  if  known,  otherwise  without  any  name  and  by 
the  number  of  lot  and  range,  if  lotted,  and  the  quantity  thereof,  or 
by  such  other  description  as  it  may  be  readily  known  by. 

Sec.  11.  Estates  of  persons  deceased  may  be  taxed  to  the  widow, 
any  of  the  children,  heirs  or  other  person  who  will  consent  to  be 
considered  as  in  possession  thereof,  otherwise  to  the  heirs  generally 
of  such  deceased  person. 

Sec.  12.  The  real  and  personal  estate  of  any  legatee  or  ward, 
and  all  taxable  property  held  in  trust,  shall  be  assessed  to  the  ad- 


CHAP.  40]     TAXES — PERSONS  AND  PROPERTY.  105 

miiiistrator,  trustee  or  guardian,  or  other  jDersou  holding  such  pro- 
perty in  trust ;  the  real  estate  in  the  town  in  which  it  is  situate, 
and  the  personal  estate  in  the  town  in  which  such  administrator, 
trustee  or  guardian  may  reside,  if  in  this  State,  otherwise  in  the 
town  in  which  such  legatee,  ward  or  person  heneficially  interested, 
may  reside  ;  provided,  however,  that  stock  and  all  goods  and  chat- 
tels shall  be  taxed  in  the  town  in  which  they  are  kept. 

Sec.  13.  The  selectmen  shall  assess  all  persons  whom  they  be- 
lieve to  be  inhabitants  of  the  town  on  the  fii'st  day  of  April. 
If  any  person  so  assessed  shall  tender  to  the  selectmen  his  affi- 
davit, stating  that  before  the  first  day  of  April  he  had  removed 
from  said  town  and  become  an  inhabitant  of  any  other  specified 
place,  and  answer  such  interrogatories  under  oath  as  the  selectmen 
may  propose  relative  to  his  residence,  they  may  suspend  the  collec- 
tion of  such  tax. 

Sec.  14.  If  the  person  so  assessed  and  examined  shall,  within 
one  year  from  said  first  day  of  April,  produce  to  said  selectmen  the 
certificate,  under  oath,  of  the  selectmen  of  any  other  town,  that  he 
was  assessed  in  that  town  as  an  inhabitant,  and  how  much,  and  has 
paid  the  tax,  and  tliat  the  same  is  the  legal  tax  for  the  year  upon 
his  poll  and  whole  estate,  the  first  mentioned  tax  may  be  abated, 
otherwise  it  shall  be  collected. 

Sec.  15.  Any  person  or  corporation  to  whom  any  tax  may  be 
legally  assessed  upon  the  property  of  any  other  person  or  corpora- 
tion, shall  have  a  lien  upon  such  property  and  the  income  or  divi- 
dends thereof,  until  such  tax  is  repaid  to  them,  shall  be  allowed  the 
same  upon  settlement  of  their  accounts,  and  shall  have  a  right  to 
recover  the  same  against  the  owner  by  action  for  money  paid  to 
his  use. 

Sec  16.  The  selectmen  shall  appraise  and  assess,  in  all  taxes  of 
the  year,  every  stud  horse  or  ass  which  shall  be  kept  in  the  town 
for  the  use  of  mares  at  any  time  after  the  first  day  of  April,  and 
may  require  the  owner  or  person  having  the  care  of  such  animal, 
to  give  security  to  their  satisfaction  to  pay  such  taxes  or  produce 
satisfactory  proof,  within  thirty  days,  that  such  animal  has  been 
duly  taxed  in  some  other  town  in  this  State. 

Sec.  17.  If  the  owner  or  person  having  the  care  of  such  stud 
horse  or  ass,  shall  neglect  or  refuse  to  give  such  security  upon  re- 
quest, he  shall  forfeit  three  times  the  amount  of  the  tax  so  assessed, 
for  the  use  of  the  town. 
14 


106 


TAXES ANNUAL    INVOICE. 


[title  VIII. 


CHAPTER  41. 

OF  THE  ANNUAL  INVOICE  OF  POLLS  AND   TAXABLE  PROPERTY. 


Section 

1 .  Invoice  to  be  taken  in  April. 

2.  Selectmen  to  give  notice. 

3.  "  may  make  personal  appli- 
cation. 

4.  Account  to  be  exhibited  on  oath. 

5.  Doomage,  in  case  of  neglect. 

6.  Wilful  omission,  penalty. 


Section 

7.  Agents  of    corporations  to   give  ac- 

count of  taxable  property  and  of 
shares  of  non-residents. 

8.  Doomage,  in  case  of  neglect. 

9.  Acents  of  corporations  to  give  list  of 

shares  and  deposits  of  residents. 
10.  Penalty  for.  neglect. 


Section  1.  The  selectmen  of  each  town  shall  annually,  in  the 
month  of  April,  take  an  invoice  of  all  the  polls  and  property  liable 
to  be  taxed  in  snch  town  on  the  first  day  of  the  same  month. 

Sec  2.  The  selectmen  may  seasonably  give  notice  of  the  time 
and  place  appointed  by  them  to  receive  an  accomit  of  the  polls  and 
taxable  property  in  snch  town,  by  posting  up  advertisements  at 
some  public  place  or  places  in  such  town,  or  in  any  other  manner 
the  town  may  at  any  legal  meeting  direct. 

Sec.  3.  The  selectmen  or  either  of  them  may  make  personal 
application  to  the  respective  inhabitants  of  the  town,  to  any  person 
having  the  care  of  personal  property  taxable  therein,  and  to  the 
officers  of  any  corporation,  for  an  account  of  the  polls  and  ratable 
estate  for  Avhich  they  are  liable  to  be  taxed. 

Sec.  4.  All  persons  liable  to  be  taxed  in  such  town,  shall  exhibit 
to  the  selectmen,  at  the  time  and  place  appointed  by  them,  or  upon 
such  personal  application,  a  true  account  of  the  polls  and  estate  for 
which  they  are  there  taxable,  either  in  their  own  right  or  otherwise, 
on  oath,  if  required  by  either  of  the  selectmen,  which  oath  either 
of  the  selectmen  may  administer. 

Sec  5.  If  any  person  shall  neglect  or  refuse,  after  due  notice 
given  as  aforesaid,  or  when  called  upon  by  any  selectman,  to  give 
such  account,  the  selectmen  shall  set  down  to  such  person,  by  way 
of  doomage,  as  much  as  they  judge  equitable,  which  shall  be  con- 
clusive in  all  cases,  unless  the  party  shall  show,  by  his  statement 
under  oath,  that  it  was  not  in  his  power  to  exhibit  such  statement. 

Sec  6.  If  any  person  in  giving  to  the  selectmen  such  account, 
shall  wilfully  omit  any  part  of  the  estate  for  which  he  is  taxable, 
the  selectmen  may,  upon  discovery  of  the  fraud,  assess  such  person 
in  all  taxes  of  that  year  four  times  as  much  as  such  estate,  if  given 
in,  would  be  legally  taxable. 

Sec  7.  The  cashier,  treasurer,  agent  or  other  principal  offi- 
cer of  every  bank,  savings  institution,  insurance  company  or 
other  corporation,  shall,  on  application  in  person  or  by  writing  by 
any  selectman,  fmnish  at  the  principal  place  of  business  of  such 
corporation,  an  account  in  writing,  on  oatli  if  required,  of  all    the 


CHAP.  42.] 


TAXES APPRAISAL. 


107 


ratable  estate  of  such  corporation,  and  a  like  account  of  all  shares 
and  deposits  therein  which  are  owned  by  any  person  resident,  or 
corporation  established  out  of  the  State,  Avithin  four  days  after  such 
application. 

Sec.  8.  If  such  officer  of  any  corporation  as  aforesaid  shall  ne- 
glect or  refuse,  upon  application,  to  give  such  account  of  its  ratable 
estate,  such  corporation  may  be  doomed  in  the  same  manner  as 
individuals  ;  and  if  any  such  property  shall  be  wilfully  omitted  in 
such  account,  such  corporation  may  be  assessed  four  ibid  therefor, 
in  the  same  manner  as  individuals  are  liable. 

Sec.  9.  The  cashier  or  other  principal  officer  of  every  bank  or 
other  corporation  as  aforesaid  shall,  upon  such  application,  furnish 
a  like  account  of  all  shares  or  deposits  therein,  owned  by  any  in- 
habitant of  the  town  of  which  the  person  applying  is  selectman^ 
and  the  value  thereof,  whether  mortgaged  or  pledged,  or  not,  within 
four  days  after  such  application  is  made. 

Sec  10.  If  any  such  officer  or  agent  shall  Avilfully  neglect  or 
refuse  to  furnish  as  aforesaid,  any  such  account  as  is  required  in  this 
chapter,  he  shall  forfeit  a  sum  not  less  than  one  hundred  nor  more 
than  four  hundred  dollars,  for  the  use  of  such  town. 


CHAJPTER  43. 

OF  THE  APPRAISAL  OF  TAXABLE  PROPERTY. 


Section 

1.  Selectmen  to  appraise. 

2.  Several  interests  and  timber  to  be  ap- 

praised separately. 


Section 

3.  Manner  of  making  invoice. 

4.  Deduction  from  invoice  of  insane  per- 

sons. 


Section  1.  The  selectmen  shall  appraise  all  taxable  property  at 
its  full  and  true  value  in  money,  and  shall  receive  and  consider  all 
such  evidence  as  may  be  exhibited  to  them  relative  to  the  value  of 
shares  in  corporations  and  other  property,  the  value  of  which  can- 
not be  determined  by  personal  examination.  They  shall  deduct 
from  the  appraised  value  of  shares  in  any  corporation  a  just  propor- 
tion of  the  value  of  any  estate  of  such  corporation  which  shall  be 
legally  taxed  elsewhere,  upon  satisfactory  evidence  thereof  under 
oath. 

Sec.  2.  Whenever  it  shall  be  made  to  appear  to  the  selectmen 
that  several  persons  are  owners  of  several  interests  in  the  same  real 
estate,  or  that  one  person  is  tlie  owner  of  land  and  another  is  the 
owner  of  any  building,  timber  or  wood  standing  thereon,  they 
shall,  upon  request,  appraise  such  several  interests  and  assess  the 
same  to  the  several  owners  thereof  separately. 

Sec  3,  The  selectmen   shall  set  down  in  their  invoice,  in  sepa- 


108 


ASSESS.MEi\T    OF    TAXES. 


[title    VIII. 


rate  columns,  the  value  of  improved  and  unimproved  land ;  of 
buildings  not  specially  designated  ;  mills  and  carding  machines  ; 
factories  and  their  machinery  ;  wharves  ;  ferries ;  toll  bridges  ,•  locks 
and  canals  ;  the  value  of  stocks  in  public  funds  ;  of  shares  in'banks 
and  other  corporations  ;  the  amount  of  money  on  hand,  at  interest 
or  on  deposit ;  stock  in  trade  ;  the  value  of  carriages  ;  the  number 
and  value  of  horses,  asses  and  mules;  of  cows,  oxen  and  other  neat 
stock;  and  of  sheep. 

Sec.  4.  The  selectmen  shall  make  such  deductions  from  the  ap- 
praised value  of  the  property  of  insane  persons  as  they  shall  think 
just  and  reasonable,  whenever  it  shall  appear  that  the  income  of 
their  estates  is  not  sufficient  to  support  them. 


CHAPTER  43. 

OF  THE  ASSESSMENT  OF  TAXES. 


Section 

1.  Taxes  assessed  upon  the  invoice. 

2.  Unimproved  lands  may  be  exempted. 

3.  Selectmen  to  assess  taxes. 

4.  Five  per  cent,  may  be  assessed   above 

the  tax. 


Section 

5.  Several  taxes  may  be  included  in  one 

assessment. 

6.  Record  of  the  invoice  and  taxes. 

7.  Returns  to  state  and  county  treasurers. 

8.  Collector's  list  and  warrant. 


Section  1.  All  taxes  for  the  year  following  shall  be  assessed 
upon  the  invoice  made  as  aforesaid,  estimating  each  poll  at  one  dol- 
lar and  fifty  cents,  and  taxable  property  at  the  rate  of  fifty  cents 
on  each  hundred  dollars  of  its  appraised  value. 

Sec.  2.  Any  town  may  at  their  annual  meeting,  an  article  for 
that  purpose  being  inserted  in  the  warrant,  exempt  unimproved 
lands  of  non-residents  from  any  tax  or  part  thereof 

Sec  3.  The  selectmen  shall  seasonably  assess  all  state  and  coun- 
ty taxes  for  which  they  shall  have  the  warrants  of  the  state  and 
county  treasurers  respectively  ;  all  taxes  duly  voted  in  their  towns; 
and  all  school  and  school  house  taxes  authorized  by  law  or  by  vote 
of  any  school  district,  duly  certified  to  them. 

Sec  4.  In  assessing  such  taxes  the  selectmen  may  assess  a  sum 
not  exceeding  five  per  cent,  more  than  the  amount  of  such  tax,  to 
answer  any  abatements  that  may  be  made,  which  shall  be  paid 
into  the  town  treasury,  for  the  use  of  the  town. 

Sec  5.  The  selectmen  may  include  in  one  assessment  the  state, 
county,  town  and  school  taxes,  or  so  many  of  them  as  may  be 
found  convenient. 

Sec  6.  A  fair  record  shall  be  made  of  every  invoice  taken  by 
the  selectmen,  and  of  all  taxes  by  them  assessed,  in  a  book  of 
records  of  the  doings  of  the  selectmen  in  their  ofiice,  which  shall 
be  the  property  of  the  town  ;  and  such  invoice  and  assessments  or  a 


CHAP.  43 


COLLECTION  OF  TAXES. 


109 


copy  thereof  shall,  prior  to  the  first  day  of  July,  be  left  with  the 
town  clerk  and  recorded  by  him  ;  and  both  of  said  records  shall 
be  open  to  the  inspection  of  all  persons. 

Sec.  7.  The  selectmen  shall  seasonably  make  a  return  to  the 
state  and  county  treasurers  of  the  names  of  the  collectors  of  their 
respective  towns,  with  the  date  of  their  warrants,  with  the  amount 
they  are  required  to  pay  to  such  treasurers  respectively,  and  at  what 
times. 

Sec.  8.  A  list  of  all  taxes  by  them  assessed  shall  be  made  by  the 
selectmen,  under  their  hands,  with  a  warrant  under  their  hands  and 
seal,  directed  to  the  collector  of  such  town,  requiring  him  to  col- 
lect the  same  and  to  pay  over  to  the  state  and  county  treasurer,  and 
to  the  selectmen  or  town  treasurer,  such  sums  at  such  times  as  may 
be  therein  prescribed. 


CHAPTER  44. 


OF  ABATEMENT  OF  TAXES. 


Section 
1.  Abatement  by  selectmen. 


Section 
2.  Abatements  by  court. 


Section  1.  Selectmen,  for  good  cause  shown,  may  abate  any 
tax  assessed  by  them  or  their  predecessors. 

Sec  2.  If  they  shall  neglect  or  refuse,  any  person  conceiving 
himself  aggrieved,  having  first  complied  with  the  provisions  con- 
tained in  sec.  4,  chapter  41,  of  this  title,  may,  within  nine  months 
after  notice  of  such  tax,  and  not  afterward,  apply  by  petition  to 
the  court  of  common  pleas  in  the  same  county,  who  shall  make 
such  order  thereon  as  justice  may  require. 


CHAPTER  45. 


OF  THE  COLLECTION  OF  TAXES  OF   RESIDENTS. 


Section 

1.  Collector's  powers. 

2.  Collector  to  give  notice  of  taxes. 

3.  "  "  "  to  corporations, 

4.  Distress  on  delinquent's  goods. 

5.  Articles  exempt  from  distress. 

6.  Notice  and  sale  of  goods  distrained. 

7.  Account  of  sale  given  to  owner. 


Section 

8.  Arrest  for  taxes,  when  made. 

9.  Copy  of  warrant  left  with  jailer. 

10.  Collector's  power,  if  person  removes. 

11.  Collector's  fees. 

12.  Taxes  against  corporations,  how  col- 

lected. 

13.  Real  estate  holden  for  tax. 


110 


COLLECTION    OF    TAXES. 


[title  VIII. 


Section 

14.  Notice  of  sale  of  real  estate, 

15.  Sale  of  real  estate,  mode. 

16.  Liability  of  collector  limited. 


Section 

17.  Discount  may  be  made  by  towns. 

18.  Time  of  notifying,  towns  may  direct. 

19.  Collector's  deputies,  when  appointed. 


Section  1.  Every  collector  in  the  collection  of  the  taxes  com- 
mitted to  him  to  collect,  and  in  the  service  of  his  warrant,  shall 
have  the  powers  by  law  vested  in  constables  in  the  service  of  civil 
process,  which  shall  continne  until  all  the  taxes  in  his  list  are  col- 
lected. 

Sec.  2.  The  collector  shall  give  notice  of  such  tax  to  every  per- 
son taxed,  or  leave  a  notice  thereof  in  writing  at  his  usual  place  of 
abode,  fourteen  days  at  least  before  he  shall  distrain  therefor,  unless 
in  cases  where  he  has  reason  to  believe  such  person  is  about  to  re- 
move from  town. 

Sec.  3.  The  collector  shall  give  the  same  notice,  in  writing,  of 
all  taxes  assessed  against  any  corporation,  to  the  cashier,  treasurer 
or  some  principal  officer  of  such  corporation. 

Sec.  4.  Upon  neglect  or  refusal  of  any  person  or  corporation  to 
pay  the  taxes  assessed  on  them,  the  collector  may  distrain  the 
goods  and  chattels  of  such  person  or  corporation. 

Sec.  5.  No  distress  shall  be  made  of  any  person's  tools  or  im- 
plements necessary  for  his  trade  or  occupation,  nor  of  his  arms  or 
utensils  of  household  necessary  for  upholding  life,  nor  of  bedding 
or  apparel  necessary  for  him  or  his  family. 

Sec.  6.  The  collector  shall  keep  the  property  distrained  four 
days,  at  the  cost  of  the  owner.  If  the  tax,  cost  and  charges  are 
not  then  paid,  he  shall  post  up  in  two  or  more  public  places  in  the 
town  where  the  sale  is  to  be,  twenty-four  hours  before  the  time  of 
sale,  a  notice  of  the  place,  day  and  hour  of  sale,  Avith  a  particular 
description  of  the  property  to  be  sold ;  and  at  the  time  and  place 
appointed,  which  shall  be  in  the  town  where  the  distress  is  made, 
between  the  hours  of  ten  in  the  forenoon  and  six  in  the  afternoon, 
and  within  forty-eight  hours  after  the  expiration  of  said  four  days, 
shall  sell  the  same  at  public  auction  to  the  highest  bidder. 

Sec.  7.  A  particular  account  in  writing  of  the  taxes  of  the  de- 
linquent, the  collector's  fees,  and  the  charges  of  keeping  and  sale ; 
and  the  amount  of  sale  of  each  article,  with  the  overplus,  if  any, 
after  deducting  said  taxes  and  charges,  shall  be  delivered  immedi- 
ately upon  such  sale  to  the  owner,  or  be  ready  to  be  delivered  to 
liim  upon  request. 

Sec.  8.  For  want  of  goods  and  chattels  whereon  to  make  dis- 
tress, the  collector  may  take  the  body  of  any  person  neglecting  or 
refusing  to  pay  the  tax  assessed  against  him,  and  commit  him  to 
the  common  jail. 

Sec.  9.  In  such  case  the  collector  shall  give  to  the  jailer  an  at- 
tested copy  of  his  warrant,  and  thereupon  certify  the  sums  such 
person  is  taxed  in  his  list,  and  that  he  has  taken  his  body  for  want 
of  goods  and  chattels  whereon  to  make  distress ;  and  the  jailer 


CHAP.  45.]  COLLECTION   OF    TAXES.  HI 

shall  receive  and  detain  such  person  in  his  custody  until  he  pays 
such  tax,  costs  of  commitment  and  charges  of  imprisonment,  or  be 
otlierwise  discharged  tliereof  by  due  course  of  law. 

Sec.  10.  In  case  of  removal  from  town  or  of  an  assessment 
upon  the  personal  property  of  non-residents,  the  collector  may  dis- 
train the  property,  or  arrest  the  body  of  any  person  named  in  his 
list,  wherever  such  person  or  his  property  may  be  found. 

Sec.  11.  Collectors  shall  be  entitled  to  the  same  fees  for  the  col- 
lection of  taxes  by  distress  and  sale,  or  for  arresting  or  commit- 
ting any  person  to  jail,  as  sheriffs  are  entitled  to  receive  for  like 
services  upon  civil  process. 

Sec.  12.  The  real  and  personal  property  of  corporations  shall 
be  liable  to  be  taken  and  sold  for  taxes  in  the  same  manner  as 
the  property  of  individuals ;  and  the  franchise  of  taking  toll  may 
be  taken  and  sold  for  taxes  in  the  same  manner  as  the  same  may 
be  sold  on  execution. 

Sec.  13.  The  real  estate  of  every  person  or  corporation  against 
whom  any  tax  may  be  assessed,  shall  be  holden  for  such  tax  for  one 
year  from  the  first  day  of  June  following,  and  may  be  sold  by  the 
collector  in  case  such  person  shall  die  or  remove  from  town  and 
leave  there  no  personal  estate  on  which  distress  can  be  made,  or  in 
case  such  person  or  corporation  shall  neglect  or  refuse  to  expose 
goods  and  chattels  whereon  distress  may  be  made. 

Sec  14.  The  collector  shall  give  notice  of  such  sale  by  posting 
up  advertisements  thereof  in  two  or  more  public  places  in  the  town, 
at  least  six  weeks  before  the  sale,  in  which  shall  be  stated  the  name 
of  the  owner  or  of  the  person  to  whom  the  same  was  taxed,  and 
also  the  name  of  the  occupant,  if  any,  at  the  time  of  posting  such 
notice,  the  amount  of  the  tax,  and  the  place,  day  and  hour  of  the 
sale. 

Sec  15.  The  powers  and  duties  of  the  collector  in  relation  to 
such  sale  ;  the  time,  place  and  manner  of  the  same  ;  the  poAvcrs 
and  duties  of  the  collector  and  town  clerk  in  relation  to  the  pro- 
ceedings subsequent  thereto ;  the  fees  of  the  collector  and  town 
clerk,  and  the  rights  of  the  owner  in  relation  to  the  redemption 
thereof ;  shall  be  the  same  as  are  prescribed  by  the  law  relating  to 
the  sale  of  the  estates  of  non-residents. 

Sec  It).  No  person  to  whom  any  list  of  taxes  shall  be  commit- 
ted for  collection,  shall  be  liable  to  any  suit  or  action  by  reason  of 
any  irregularity  or  illegality  of  the  proceedings  of  the  town  or  of 
the  selectmen,  nor  for  any  cause  whatever  except  his  own  official 
misconduct. 

Sec  17.  Any  town  may  by  vote  at  the  annual  meeting,  direct 
a  discount  to  be  made  to  those  persons  who  shall  pay  their  taxes 
within  such  periods  as  the  town  may  limit,  and  every  person  so 
paying  shall  be  entitled  to  such  discount. 

Sec.  18.  Any  town  may  by  such  vote  direct  the  time  at  Avhich 
notice  shall  be  given  to   persons  whose  taxes  shall  be  then  unpaid, 


112         COLLECTION    OF    TAXES NON-RESIDENTS.   [tITLE    VIII, 

of  the  amount  of  the  same  ;  and  if  the  same  sliall  not  be  paid,  with 
twenty  cents  more  for  such  notice,  witliin  fourteen  days  there- 
after, the  collector  may  distrain  for  the  same. 

Sec.  19.  Any  collector  being  authorized  by  vote  of  the  town, 
may  appoint  deputies  who  shall  be  sworn,  shall  give  bond  to  the 
satisfaction  of  the  selectmen  and  shall  have  the  powers  of  collect- 
ors, and  may  be  removed  at  the  pleasure  of  the  collector. 


CHAPTER  46. 


OF  THE  COLLECTION  OF  TAXES  OF  NON-RESIDENTS. 


Section 

1.  List  of  non-resident  taxes. 

2.  Copy  delivered  to  the  deputy  secre- 

tary. 

3.  Deputy  secretary  to  receive  ta.xes. 

4.  Deputy  secretary  to  return  copy. 

5.  Collector  to  advertise  sale. 

6.  Form  of  advertisement. 

7.  Advertisement  to  be  posted. 

8.  Time  and  place  of  sale. 

9.  Collector    to    make  return    to  town 

clerk  of  the  sale. 

10.  Owner  may  redeem. 

11.  Collector  to  give  receipt. 


Section 

12.  Money  tendered  left  with  town  clerk 

in  certain  cases. 

13.  Persons  interested  may  redeem  their 

share. 

Collector  to  leave  list  of  lands  re- 
deemed, with  town  clerk. 

Form  of  collector's  deed. 

Non-residents  ma}'  work  out  high- 
way tax. 

Collector's  fees. 

Collector's  fees  to  be  divided. 

19.  Penalty  for  taking  greater  fees. 

20.  Sale  of  buildincrs  and  timber. 


14. 


15. 
16. 


17. 

18. 


Section  1.  A  list  of  the  taxes  assessed  on  the  real  estate  of  persons 
not  resident  in  the  town,  shall  be  made  by  the  selectmen,  under  their 
hands,  in  which  shall  be  inserted  the  name  of  the  owner,  if  known, 
otherwise  the  name  of  the  original  owner,  if  known ;  the  number 
of  the  lot  and  range,  if  lotted,  otherwise  such  description  as  the 
land  may  be  readily  known  by  ;  the  number  of  acres,  and  the 
amount  of  taxes  assessed  thereon. 

Sec  2.  Such  list  shall  be  delivered  to  the  collector  on  or  before 
the  thirtieth  day  of  May  ;  and  the  collector  shall  on  or  before  the 
eighth  day  of  the  next  session  of  the  general  court  in  June,  deliver 
a  certified  copy  of  his  list  to  the  deputy  secretary  who  shall  cer- 
tify thereon  the  time  of  its  receipt. 

Sec.  3.  The  deputy  secretary  shall  keep  such  copy  at  Concord 
till  the  first  day  of  September  following,  for  the  inspection  of  all 
concerned,  and  shall  receive  the  tax  on  any  tract,  with  ten  per  cent, 
thereon  for  his  services,  and  give  a  receipt  therefor. 

Sec  4.  The  deputy  secretary  at  any  time  after  the  first  day  of 
September,  on  application,  shall  return  the  said  copy  to  the  collect- 
or, with  a  certificate  of  the  taxes  by  him  received,  and  shall  pay  to 
the  collector  the  amount,  taking  his  receipt  therefor. 


CHAP.  40]         COLLECTIO.N    OF    TAXES NON-RESIDENTS.  113 

Sec.  5.  The  collector,  after  receiving  from  the  deputy  secretary 
said  copy  and  certificate,  shall  advertise  the  land  on  which  the 
taxes  have  not  been  paid,  for  sale,  in  the  New  Hampshire  Patriot 
and  State  Gazette  printed  at  Concord,  and  also  in  some  newspaper 
printed  in  the  county  where  the  land  is  situate,  if  any;  otherwise 
in  some  adjacent  county. 

Sec.  6.  The  advertisement  shall  contain  the  same  name,  same 
description  of  the  land  taxed  and  amount  of  tax,  which  is  inserted 
in  the  collector's  list,  and  the  time  and  place  of  the  sale  ;  and  shall 
be  published  three  weeks  successively,  commencing  at  least  eight 
weeks  before  the  sale. 

Sec.  7.  A  similar  advertisement  shall  be  posted  up  at  some  pub- 
lic place  in  the  town  where  the  lands  lie,  during  the  same  period. 

Sec.  8.  Every  such  sale  shall  be  at  auction,  in  some  public  place, 
in  the  town  or  place  where  the  land  is  situate,  and  between  the 
hours  of  ten  in  the  forenoon  and  six  in  the  afternoon,  and  shall  be 
so  much  of  the  owner's  estate  as  will  pay  the  taxes  and  inciden- 
tal charges  ;  but,  if  necessary,  the  sale  may  be  adjourned  from  day 
to  day,  not  exceeding  three  days,  by  proclamation  made  at  the 
place  of  sale  within  the  hours  aforesaid. 

Sec.  9.  The  collector  shall,  within  ten  days  after  any  sale,  de- 
liver to  the  town  clerk  an  account  of  the  sales  with  the  charges  of 
sale,  under  oath  ;  copies  of  the  newspapers  in  which  the  advertise- 
ment was  published,  and  the  advertisement  posted  up,  with  an 
affidavit  that  it  was  so  posted  up ;  which  shall  be  kept  on  file  ;  and 
the  said  account,  advertisement  and  affidavit  shall  be  recorded  by 
the  town  clerk,  and  a  certified  copy  of  such  record  shall  be  com- 
petent evidence. 

Sec.  10.  Every  person  interested  in  any  land  sold  as  aforesaid, 
may  redeem  the  same  by  paying  or  tendering  to  the  collector  or  his 
administrator,  or  in  his  absence,  at  his  usual  place  of  abode,  the 
amount  for  which  the  land  was  sold,  with  twelve  per  cent,  interest 
thereon  from  the  sale  to  the  time  of  such  payment  or  tender. 

Sec.  11.  Upon  such  payment  or  tender  the  collector  or  his  ad- 
ministrator shall  give  a  receipt  therefor,  and  shall  pay  over  the 
money  so  paid  or  tendered,  to  the  purchaser   upon  demand. 

Sec.  12.  In  case  a  tender  shall  be  made  in  the  absence  of  the 
collector  or  his  administrator,  at  his  house,  the  party  tendering  shall, 
before  the  time  of  redemption  expires,  leave  the  money  so  tendered 
with  the  town  clerk  for  the  use  of  such  collector,  with  a  notice  of 
such  tender,  which  shall  be  forthwith  recorded  by  said  town  clerk, 
who  shall  give  a  receipt  for  the  same,  and  shall  be  paid  by  the  per- 
son making  such  tender,  as  his  fees,  ten  per  cent,  upon  the  amount 
so  tendered.  > 

Sec.  13.  Every  person  interested  with  others  in  any  lot  or  tract 
of  land,  may  pay  his  proportion  of  the  tax,  and  the  residue  only 
shall  be  sold ;  or  he  may  redeem  his  share  of  the  land  when  sold, 
by  paying  his  proportion  of  the  tax,  cost  and  interest. 
15 


114  COLLECTION    OF    TAXES  —  NOiN-RESlDENTS.   [tITLE  VIII. 

Sec,  14.  Within  ten  days  after  tlie  time  of  redemption  shall 
expire,  the  collector  shall  leave  with  the  town  clerk,  to  be  recorded, 
a  correct  list  of  the  lands  so  redeemed. 

Sec.  15.  The  collector,  if  living,  otherwise  his  administrator, 
shall,  at  the  end  of  one  year  from  the  sale,  execute  to  the  purchaser 
or  his  heirs  a  deed  of  the  land  so  sold  and  not  redeemed,  which 
shall  be  substantially  in  the  following  form : 

Know  all  men  by  these  presents  that  I,  ,  collector  of  taxes, 

for  the   town   of         ,  in   the    county   of  and    State    of  New 

Hampshire,  for  the  year  18  ,  by  the  authority  in  me  vested  by 
the  laws  of  the  State,  and  in  consideration  of  ,  to  me  paid  by 

,  do  hereby  sell  and   convey  to  him,   the  said  ,  his 

heirs  and  assigns,  (here  describe  the  land  sold)  to  have  and  to  hold 
the  said  premises   with   the  appurtenances,  to  him  the  said  , 

his  heirs  and  assigns  forever.  And  I  do  hereby  covenant  with  said 
,  that  in  making  sale  of  the  same  I  have  in  all  things  com- 
plied with  the  law,  and  that  I  have  good  right,  as  far  as  that  right 
may  depend  upon  the  regularity  of  my  own  proceedings,  to  sell 
and  convey  the  same  in  manner  aforesaid. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal,  the 
day  of  ,  A.  D. 

Signed,  sealed  and  delivered  in  presence  of 

Sec  16.  Every  non-resident  shall  have  the  right  at  any  time 
between  the  first  day  of  June  and  the  twentieth  day  of  July,  to 
pay  any  highway  tax  assessed  on  his  land,  in  labor,  nnder  the  di- 
rection of  such  surveyor  of  highways,  or  other  proper  person,  as 
the  selectmen  may  designate  ;  and  such  selectmen  or  surveyors  shall 
give  to  such  non-resident  a  certificate  of  the  amount  of  such  labor, 
which  shall  be  received  by  the  collector  and  by  the  town  clerk  in 
payment  of  such  tax. 

Sec  17.  The  fees  of  collectors  shall  be  as  follows :  for  travel  to 
the  deputy  secretary  for  the  copy  of  his  list,  thence  to  the  places 
where  the  advertisements  for  the  sale  are  to  be  printed,  and  return- 
ing home,  five  cents  per  mile  ;  for  advertising  in  the  newspapers 
and  in  town,  one  dollar ;  for  making  the  sale,  one  dollar  a  day,  and 
the  same  sum  for  a  clerk ;  for  each  deed  made  to  a  purchaser, 
twenty-five  cents;  and  the  sums  actually  paid  the  printers,  not 
exceeding  one  dollar  a  square  for  three  insertions,  shall  be  a  legal 
charge. 

Sec  18.  The  collector  shall  make  out  an  equal  proportion  of  his 
fees  and  charges,  and  of  the  sums  paid  to  printers,  to  each  lot  or 
tract  of  land  advertised  or  sold  as  aforesaid  ;  and  no  person  shall  be 
holden  to  pay  any  more  costs  than  his  just  proportion  of  those  in- 
curred at  the  time  of  the  payment  of  his  tax. 

Sec.  19.  If  any  collector  shall  demand  or  take  any  other  or 
greater  fees  than  are  by  law  allowed  for  any  of  the  services  by  bin" 
rendered,  he  shall  forfeit  five  dollars  to  the  person  suing  therefor. 


CHAP.  47.]        COLLECTION    OF    TAXES    BY    SHERIFFS. 


115 


Sec.  20.  Any  separate  interest  in  land  and  any  buildings,  tim- 
ber or  wood  standing  or  growing  on  land  owned  by  another  per- 
son, shall  be  taken  to  be  real  estate,  within  the  meaning  of  this  and 
the  preceding  chapter. 


CHAPTER  47. 


OF  THE  COLLECTION  OF  TAXES  BY  THE  SHERIFFS. 


Section 

1.  Treasurer  may  assess,  in  what  cases. 

2.  Assessments,  how  made. 

3.  Sheriff  to  collect  such  ta.x. 

4.  Manner  of  collecting. 

5.  Sales  of  land,  how  made. 


Section 

6.  Returns,  how  made. 

7.  Lists  and  papers,  where  filed. 

8.  Copies,  when  evidence. 

9.  Extents  against  sheriffs. 


Section  1.  When  any  miincorporated  place  shall  not  elect  proper 
officers  for  assessing  and  collecting  taxes,  or  when  the  name  of  the 
collector  of  taxes  of  any  such  place  is  not  returned  to  the  state  or 
county  treasurer  on  or  before  the  last  day  of  December  in  any  year, 
such  treasurer  shall  assess  the  tax  apportioned  to  such  place  thereon. 

Sec  2.  If  such  treasurer  shall  be  notified  by  the  clerk  of  the 
proprietors  that  such  place  is  divided,  and  a  copy  of  the  division 
thereof  furnished  to  him  on  or  before  the  last  day  of  December  in 
each  year,  he  shall  assess  such  tax  upon  the  original  owners,  accord- 
ing to  their  several  interests  in  quantity,  without  regard  to  the  qual- 
ity of  their  lands  ;  otherwise,  he  shall  assess  such  tax  in  one  sum. 

Sec.  3.  Such  treasurer  shall  commit  such  tax  to  the  sheriff  of  the 
county  in  which  such  place  lies,  with  a  warrant  under  his  hand  and 
seal,  to  collect  the  same  ;  and  such  sheriff  shall  have  the  same  pow- 
ers and  shall  be  subject  to  the  same  liabilities,  with  respect  to  the 
collection  of  such  tax,  as  collectors  of  taxes  with  respect  to  lands  of 
non-residents. 

Sec  4.  Such  sheriff  shall  proceed  in  the  same  manner  in  rela- 
tion to  such  taxes  and  the  sale  of  lands  therefor  as  such  collectors 
are  by  law  bound  to  do. 

Sec  5.  Every  sale  of  lands  for  such  taxes  shall  be  in  the  near- 
est town  in  the  same  county  in  which  the  court  of  common  pleas 
is  holden  ;  and  such  sale  shall  be  advertised  therein,  as  well  as  in 
the  place  where  the  lands  lie. 

Sec.  6.  The  sheriff  shall  make  all  such  returns  as  collectors  are 
required  to  make  to  town  clerks,  to  the  clerk  of  the  court  of  com- 
mon pleas  for  the  county  in  which  such  lands  are  situate. 

Sec  7.  Every  sheriff  and  person  who  has  heretofore  held  the 
office  of  sheriff,  shall  deposit  with  the  clerk  of  said  coiurt  all  lists 
and  other  papers  containing    evidence    of  his  proceedings  in  the 


116 


TAXES EXTENTS. 


[title  VIII. 


sale  of  lands  for  taxes,  and  the  same  shall  be  there  filed  and  pre- 
served. 

Sec.  8.  Copies  and  extracts  of  such  papers,  certified  by  such 
clerk,  shall  be  competent  evidence  in  every  case  Avhere  the  origi- 
nals might  be  used. 

Sec.  9.  Every  state  and  county  treasurer  shall  have  like  remedy 
against  any  sheriff  by  extent,  as  he  has  by  law  against  collectors. 


CHAPTER  48. 


OF    EXTENTS. 


Section 

1.  Extents,  who  may  issue. 

2.  Against  towns  for  neglects. 

3.  Against  selectmen. 

4.  Against  collectors. 

5.  Against  collectors  absconding. 

6.  Treasurers  not  to  issue,  in  what  cases. 

7.  E.\tents    against    towns,   no    property 

being  found. 

8.  Personal  property,  liow  sold. 


Section 

9.  Real  estate,  how  sold. 

10.  Direction  and  return  of  extents. 

11.  Alias  extents  issued. 

12.  Fees  may  be  included  in  extents. 

13.  Remedy  for  contribution. 

14.  Remedy  against  selectmen. 

15.  Remedy  against  collectors. 

16.  Collector  to  be  indemnified. 

17.  Remedy  of  selectmen. 


Section  1.  The  state  treasurer,  and  each  county  and  town  trea- 
surer, may  issue  extents  under  their  hands  and  seals  respectively, 
in  cases  authorized  by  law  ;  and  such  extents  shall  be  deemed  to 
be  executions  against  the  person  and  property,  within  the  laws  of 
this  State  relating  to  the  levy  of  executions. 

Sec.  2.  Any  town  which  shall  neglect  to  choose  proper  officers 
for  assessing  and  collecting  taxes,  shall  be  liable  to  an  extent  for 
state  and  county  taxes ;  and  the  same  may  be  levied  upon  the 
property  of  any  inhabitant  or  owner  of  property  therein,  if  no  es- 
tate of  such  town  be  found  whereon  to  levy  the  same. 

Sec  3.  Selectmen  who  shall  neglect  to  assess  any  tax  for  which 
they  have  the  warrant  of  the  state  or  county  treasurer,  at  the  time 
and  in  the  manner  legally  prescribed  therein,  or  who  shall  neglect 
to  return  to  either  of  such  treasurers,  or  to  the  town  treasurer,  the 
name  of  the  collector  to  whom  they  shall  commit  any  tax  assessed 
by  them  and  payable  to  such  treasurers  respectively,  shall  be  liable 
to  an  extent. 

Sec  4.  Any  collector  to  whom  any  tax  may  be  committed,  who 
shall  neglect  to  pay  the  same  to  the  state,  county  or  town  treasurer, 
or  to  the  selectmen  or  other  person  to  whom  the  same  is  payable, 
within  the  time  limited  in  his  warrant,  which  shall  not  be  less  than 
three  months  from  the  delivery  of  such  warrant,  except  in  cases 
where  a  shorter  time  shall  be  limited  by  law,  shall  be  liable  to  an 
extent. 


CHAP.  48.]  TAXES  —  EXTENTS.  117 

Sec.  5.  If  any  collector  of  taxes  to  whom  any  tax  payable  to 
the  state  or  county  treasurer  is  committed,  shall  neglect  to  pay  the 
same  within  the  time  limited  in  his  warrant,  and  the  selectmen  of 
the  to\vn  shall  judge  that  there  is  danger  that  such  collector  will 
abscond  or  be  unable  to  pay  the  same,  they  may  issue  an  extent 
against  such  collector  for  the  taxes  in  arrear. 

Sec.  6.  No  extent  shall  be  issued  by  the  state  or  county  treasurer 
against  any  collector,  after  notice  given  by  the  selectmen  that  they 
have  issued  an  extent  against  him  as  aforesaid  ;  but  if  such  tax 
shall  not  be  paid  within  three  months  from  the  time  the  same  be- 
came payable,  an  extent  shall  be  issued  against  such  selectmen. 

Sec.  7.  In  every  case  where  an  extent  shall  be  issued  against 
any  selectmen  or  collector  by  the  state  or  county  treasurer,  and 
sufficient  property  of  such  selectmen  or  collector  shall  not  be  found 
whereon  to  levy  the  same,  an  extent  shall  be  issued  against  the 
town,  which  may  be  levied  upon  the  property  of  any  inhabitant  or 
owner  of  property  therein,  if  no  estate  of  such  town  be  found  where- 
on to  levy  the  same. 

Sec  8.  Personal  property  seized  upon  any  extent  shall  be  sold 
in  the  same  manner  as  similar  property  is  by  law  required  to  be 
sold  on  execution. 

Sec.  9.  Real  estate  of  every  kind  so  levied  upon  shall  be  sold, 
and  a  deed  and  return  thereof  made,  in  the  manner  provided  by  law 
for  the  sale  of  the  equity  of  redemption  of  real  estate  subject  to  any 
mortgage  ;  and  the  owner  thereof  shall  have  the  same  right  to  re- 
deem the  same. 

Sec  10.  Extents  shall  be  directed  to  the  sheriff  or  his  deputy, 
of  the  county  where  they  are  to  be  executed,  and  shall  be  made 
returnable  to  the  officer  issuing  the  same,  at  a  certain  day  named 
therein,  which  shall  not  be  less  than  sixty  days  from  the  date 
thereof. 

Sec  11.  If  any  extent  shall  be  returned  unsatisfied,  further  or 
alias  extents  may  be  issued  for  any  sum  which  may  remain  due 
upon  such  return. 

Sec  12.  Every  extent  may  include  the  legal  fees  and  charges 
incurred  upon  any  former  extent  issued  for  the  collection  of  the 
same  tax. 

Sec  13.  Every  person  upon  whose  property  an  extent  against 
any  toAvn  has  been  levied,  shall  have  contribution  against  the  other 
inhabitants  or  owners  of  property  therein  for  the  sums  so  levied, 
and  for  damages,  and  shall  recover  double  costs. 

Sec  14.  Towns  shall  have  their  remedy  by  action  against  any 
selectmen  or  collector  through  whose  default  any  extent  may  have 
issued,  for  all  sums  levied  thereon,  and  for  damages  and  double  costs. 

Sec  15.  Selectmen  shall  have  their  remedy  by  action  against 
any  collector  through  whose  default  any  extent  shall  have  issued 
against  them,  for  all  sums  levied  thereon,  and  for  damages  and 
double  costs. 


118 


LAYING    OUT    HIGHWAYS. 


[title    IX. 


Sec.  16.  Selectmen  issuing  any  extent  against  a  collector,  shall 
indemnify  him  against  all  costs  and  expenses  arising  to  him  by 
reason  of  any  extent  issued  against  him  by  the  state  or  county  trea- 
surer for  the  same  tax. 

Sec  17.  Selectmen  shall  have  no  remedy  against  any  town  for 
any  sum  levied  upon  any  extent  issued  against  them  on  their  own 
default,  except  the  amount  of  tax,  without  any  costs  of  levying 
or  costs  of  suit. 


TITL.E    IX. 

OF  HIGHWAYS,  BRIDGES  AND  FERRIES. 


Chapter  49. 

Chapter  50. 
Chapter  51. 
Chapter  52. 
Chapter  53. 

Chapter  54. 
Chapter  55. 
Chapter  56. 

Chapter  57. 
Chapter  58. 
Chapter  59. 
Chapter  60. 
Chapter  61. 
Chapter  62. 
Chapter  63. 
Chapter  64. 


Of  the  powers  of  selectmen  in  relation  to  laying 

out  highways. 
Of  the  powers  of  the  court  of  common  pleas. 
Of  the  powers  of  the  road  commissioners. 
Of  the  payment  of  damages  and  costs. 
Of  neglect  of  towns  to  make  and  repair  high 

ways. 
Of  the  discontinuance  of  highways. 
Of  repairing  highways  in  towns. 
Of  making  and  repairing  highways  not  in  any 

town. 
Of  damages  from  defect  of  highways. 
Of  injuries  to  highways. 
Of  incumbrances  in  highways. 
Of  encroachment  on  highways. 
Of  bridges. 
Of  guide  posts. 
Of  turning  to  the  right. 
Of  ferries. 


CHAPTER  49. 

OF  THE  POWERS  OF  SELECTMEN  TO  LAY  OUT  HIGHWAYS. 


Section 

1.  Powers  of  selectmen  to  lay  out. 

2.  Notice  of  hearing  to  be  given. 
.3.  Notice  to  residents,  how  given. 


Skction 

4.  To  minors,  «fcc.,  how  given. 

5.  To  tenants  and  reversioners. 

6.  Notice  by  publication. 


CHAP.  49.] 


LAYING    OUT    HIGHWAYS. 


119 


Section 

7.  Examination  and  hearing. 

8.  Not  restricted  by  petition. 

9.  May  lay  out  over  highways. 
10.  Across  rivers  above  tide. 


Section 

Jl.  Francliises  may  be  taken. 
12.  Return  to  be  made. 
18.  Damages  to  be  assessed. 
14.  Damages,  if  owner  unknown. 


Section  1.  Selectmen  upon  petition  are  authorized  to  lay  out 
any  new  highway,  or  to  widen  and  straighten  any  existing  high- 
way within  their  town  for  which  there  shall  be  occasion,  either  for 
the  accommodation  of  the  public  or  of  the  person  applying. 

Sec.  2.  Unless  the  selectmen  shall  be  clearly  of  the  opinion  that 
the  petition  ought  not  to  be  granted,  they  shall  appoint  a  time  and 
place  of  hearing  and  shall  cause  notice  thereof  in  writing  to  be 
given  to  the  first  petitioner  and  to  the  owners  of  the  land  over 
which  the  same  may  pass,  fourteen  days  previous  thereto. 

Sec.  3.  Such  notice  shall  be  given  to  each  owner  in  person  or 
left  at  his  usual  place  of  abode,  if  he  is  known  and  resides  in  the 
State,  otherwise  to  the  person,  if  any,  who  has  the  care  or  posses- 
sion of  the  land. 

Sec.  4.  If  the  owner  is  a  person  under  guardianship,  notice  shall 
be  given  in  the  same  manner  to  his  guardian.  If  such  owner  is  a 
minor  or  a  person  under  any  legal  disability,  the  judge  of  probate 
may  appoint  a  guardian  for  such  person  to  whom  notice  shall  be 
given. 

Sec  5.  Tenants  for  life  or  years  and  the  owners  of  the  remain- 
der or  reversion,  shall  each  be  separately  notified  as  aforesaid. 

Sec.  6.  Upon  affidavit  of  one  of  the  petitioners  that  the  owner 
of  any  land  over  which  such  road  may  pass,  or  his  residence,  is  un- 
known or  uncertain,  such  notice  may  be  published  three  weeks  suc- 
cessively in  some  newspaper  printed  in  the  vicinity,  which  shall  be 
sufficient  notice. 

Sec  7.  At  the  time  and  place  so  appointed,  the  selectmen  shall 
make  a  personal  examination  of  the  several  routes  proposed,  and  of 
the  highways  for  which  such  ncAV  highway  is  designed  to  be  a  sub- 
stitute, shall  hear  all  parties  interested  who  may  attend,  and  any  evi- 
dence they  may  ofl"er,  and  may  adjourn  as  they  see  cause. 

Sec  8.  Such  selectmen  may  lay  out  such  new  road  over  any 
ground  they  may  deem  most  suitable,  and  widen  and  straighten 
any  highway  as  they  judge  proper,  without  regard  to  any  interme- 
diate limits  or  particular  amendments  described  in  the  petition. 

Sec  9.  Upon  any  petition  for  a  new  highway  they  may  lay  out 
the  same  across  or  over  any  existing  highway ;  but  no  damages 
shall  be  awarded  when  the  public  have  the  same  right  of  way,  ex- 
cept for  additional  land  taken. 

Sec  10.  Highways  may  be  laid  out  across  any  river  or  stream, 
except  navigable  tide  waters  ;  but  no  road  or  bridge  shall  be  so  con- 
structed as  to  prevent  the  use  of  such  stream  or  river  for  boats  or 
rafts,  and  for  running  timber. 

Sec  11.  Any  real  estate,  franchise  or  easement  of  any  corpora- 


120 


LAYING    OUT    HIGHWAYS. 


[title  IX. 


tioii  may  be  taken  for  a  higliAvay  in  the  same  manner  as  the  real 
estate  of  individuals. 

Sec.  12.  The  selectmen  shall  within  thirty  days  make  a  return 
of  every  highway  by  them  laid  out,  describing  the  same  and  the 
width  thereof,  and  a  like  return  of  alterations  by  them  made  in 
existing  highways,  with  a  particular  description  thereof,  and  cause 
the  same  to  be  recorded  by  the  town  clerk. 

Sec  13.  Such  selectmen  shall  assess  the  damages  sustained  by 
each  owner  of  the  land  required  for  such  highway,  and  insert  the 
same  in  their  return.  Those  of  the  tenant  and  remainder-manor 
reversioner  shall  be  assessed  separately. 

Sec.  14.  If  the  person  to  whom  any  damages  should  be  awarded, 
is  unknown,  a  particular  description  of  the  land,  real  estate  or  fran- 
chise taken  for  any  highway,  shall  be  inserted  in  the  return  of  the 
selectmen  with  the  damages  assessed  to  the  owner,  without  naming 
any  person. 


CHAPTER  50. 

OF  THE  POWERS  OF  THE  COURT  OF  COMMON  PLEAS  IN  RELATION 
TO  THE  LAYING  OUT  OF  HIGHWAYS. 


Section 

1.  Court  of  common  pleas  may  lay  out, 

when. 

2.  Notice  to  towns,  how  given. 

3.  Notice  to  owners  of  land  not  in  any 

town,  how  given. 

4.  Preferred  to  road  commissioners. 

5.  Referred  to  road   commissioners   of 

several  counties,  when. 


Section 

6.  Commissioner  when  interested,  pro- 

ceedings. 

7.  Report  recommitted  or  accepted. 

8.  Committees,  in  what  cases. 

0.  Increase  of  damages,  petition  for,  on 
return  of  selectmen. 
10.  Increase  of  damages,  on  report. 


Section  1.  Petitions  relative  to  roads  may  be  presented  to  the 
court  of  common  pleas  in  term  time,  or  to  the  clerk  in  vacation, 
in  the  following  cases: 

1.  Whenever  the  selectmen  shall  neglect  or  refuse  to  lay  out  or 
to  widen  and  straighten  a  highway  in  their  town ; 

2.  When  there  shall  be  occasion  to  lay  out  a  highway  over  land 
not  in  any  town  ; 

3.  When  there  shall  be  occasion  to  lay  out  or  widen  and  straight- 
en a  highway  over  lands  in  two  or  more  towns,  one  of  which  is 
in  the  county  where  the  petition  is  presented; 

4.  Whenever  any  town  shall  discontinue  any  highway  laid  out 
by  the  selectmen  within  two  years  from  the  time  of  such  laying  out. 

Sec.  2.  Upon  the  filing  of  such  petition  with  the  clerk  of  the 
court  in  vacation,  or  with  the  court  in  term  time,  the  clerk  shall  is- 
sue an  order  of  notice  to  one  of  the  petitioners  with  a  copy  of  said 


CHAP.  50.]  LAYING    OUT    HIGHWAYS.  121 

petition  returnable  to  the  next  term  of  the  court,  and  said  petition- 
ers shall  cause  a  certified  copy  of  the  same  to  be  given  to  or  left  at 
the  usual  places  of  abode  of  one  of  the  selectmen  and  the  town 
clerk  of  each  of  the  towns  through  which  such  road  may  pass, 
thirty  days  before  the  next  term  of  said  court. 

Sec.  3.  If  such  proposed  highway  may  pass  over  lands  not  in 
any  town,  the  court  shall  order  notice  to  be  given  to  the  owner 
thereof,  if  known  and  residing  within  the  State,  by  givuig  to  him 
or  leaving  at  his  usual  place  of  abode  a  like  copy  ;  and  if  he 
or  his  residence  is  not  known  or  is  uncertain,  or  if  his  residence  is 
not  within  the  State,  by  publishing  such  copy  in  some  newspaper 
printed  in  the  vicinity,  three  weeks  successively,  the  last  publication 
thereof  to  be  thirty  days  before  such  court. 

Sec.  4.  If  no  sufficient  objection  shall  be  made,  all  petitions  re- 
lating to  roads  shall  be  referred  to  the  road  commissioners  of  the 
county,  except  where  the  proposed  highway  shall  pass  over  lands 
in  two  or  more  counties. 

Sec,  5.  In  such  cases  the  petition  shall  be  referred  to  the  road 
commissioners  for  all  such  counties,  and  they  shall  constitute  a 
joint  board  ;  a  copy  of  such  petition  and  of  the  order  of  reference 
shall  be  furnished  to  the  road  commissioners  of  each  county,  and 
they  shall  make  a  joint  report  to  the  court  of  common  pleas  in  each 
county. 

Sec  6.  If  any  commissioner  is  interested  in  any  such  petition, 
he  shall  not  serve,  but  the  vacancy  shall  be  filled  by  the  other  com- 
missioners of  the  county. 

Sec  7[.  Any  report  of  the  road  commissioners  may  for  good  cause 
be  recommitted  to  such  road  commissioners,  or  the  same  may  be 
accepted  and  judgment  rendered  thereon,  establishing  so  much  of 
the  highway  laid  out  as  is  within  the  county  in  which  the  said  re- 
port is  made,  and  no  more. 

Sec  8.  The  road  commissioners  shall  continue  in  office  as  to  all 
proceedings  commenced  or  pending  before  them,  until  the  same 
shall  be  completed,  unless  the  court  for  good  cause  shown  shall  re- 
fer the  same  to  the  road  commissioners  for  the  time  being. 

Sec  9.  If  any  person  shall  think  himself  aggrieved  by  the 
assessment  of  damages  made  by  the  selectmen,  he  may  within  one 
year  after  such  road  is  opened,  petition  the  court  of  common  pleas 
for  redress ;  and  the  said  court  after  due  notice  to  the  town  and 
others  interested,  may  award  such  damages  as  may  be  just  and 
costs  to  either  of  the  parties  in  their  discretion,  and  issue  execution 
therefor. 

Sec  10,  Any  person,  who  had  no  actual  notice  of  the  laying 
out  or  altering  of  any  highway,  may  within  one  yeai-  after  the  same 
shall  be  opened  and  made,  apply  to  the  said  court  as  provided  in 
the  preceding  section,  and  the  court  after  notice  as  aforesaid  shall 
award  damages  and  costs  and  issue  execution  therefor,  as  is  therein 
provided. 

16 


122 


ROAD    COMMISSIONERS. 


[title  IX. 


CHAPTER  51. 

OF  THE  POWERS  OF  THE  ROAD  COMMISSIONERS. 


Section 

1.  Hearing  to  be  appointed. 

2.  Notice  thereof  to  be  given. 

3.  Examination  and  hearing. 

4.  Report  made  in  each  county. 

5.  Notice  given   to  be  certified;    error 

in  report  may  be  amended. 


Section 

6.  Highway  to  be  described. 

7.  Damages  assessed  and  certified. 

8.  Appeal,  when  and  how  allowed. 

9.  Grade  may  be  prescribed. 

10.  Compensation  of  commissioners. 


Section  1.  The  road  commissioners,  on  every  petition  referred 
to  them,  shall  appoint  a  time  and  place  at  which  they  will  com- 
mence the  discharge  of  their  duties  thereon. 

Sec.  2.  They  shall  give  notice  to  the  selectmen  of  each  town 
in  which  the  highway  to  which  such  petition  relates,  is  or  may  pass, 
and  to  the  owners  of  land,  in  the  same  manner  as  selectmen  are 
required  to  give  such  notice  to  owners  of  land  ;  and  in  case  any 
one  of  the  commissioners  shall  be  unable  to  attend  agreeably  to 
notice  at  the  time  and  place  of  hearing,  the  two  commissioners  who 
do  attend,  may  appoint  some  suitable  person  to  act  in  his  stead. 

Sec  3.  They  shall  make  examination  and  hear  all  parties  inte- 
rested, in  the  same  manner  as  selectmen  are  required  to  do,  and  shall 
have  like  powers. 

Sec  4.  They  shall  make  report  to  the  court  in  each  county  in 
which  any  highway  laid  out,  altered  or  discontinued  by  them,  shall 
pass. 

Sec  5.  In  such  report  they  shall  certify  the  names  of  the  seve- 
ral owners  of  land  taken  for  such  road,  to  whom  notice  Avas  given 
personally  or  left  at  their  usual  places  of  abode  respectively,  and  in 
what  manner  notice  was  given  to  other  like  owners  and  to  select- 
men of  towns.  In  case  the  owners  of  land  have  had  a  legal  notice 
and  the  commissioners  return  a  wrong  name  in  their  report,  the 
court  on  satisfactory  evidence  of  the  error  may  alter  or  amend  the 
same. 

Sec  6.  A  particular  description  of  the  new  highway  laid  out, 
and  its  width,  and  of  any  alterations  made  in  any  highway  already 
established,  shall  be  inserted  in  such  report  with  their  estimate  of 
the  expense  of  building  or  making  the  same. 

Sec  7.  The  road  commissioners  shall  assess  the  damages  sus- 
tained by  owners  of  land,  as  selectmen  are  required  to  do,  and  in- 
sert the  same  in  their  rej)ort,  stating  such  damages  in  each  town 
separately  ;  and  shall  certify  the  damages  awarded  to  such  owners 
in  each  town,  to  the  town  clerk  thereof,  fourteen  days  before  the 
sitting  of  the  court  to  which  their  report  is  returnable. 

Sec  8.  If  any  such  owner  shall  be  dissatisfied  with  the  amount 
of  damages  awarded  him  by  the  commissioners  mider  the  preced- 


CilAP.  52.] 


PAYMENT    OF   DAMAGES. 


123 


ing  section,  he  may  appeal  to  the  court  of  common  pleas  next  to 
be  holden  in  the  county  and  not  afterwards,  and  thereupon  said 
court  shall  assess  his  damages  by  a  jury  ;  and  if  he  recover  a  greater 
sum  than  that  allowed  by  the  commissioners,  he  shall  have  full 
costs  against  the  town  ;  if  an  equal  or  less  sum,  he  shall  pay  costs. 

Sec.  9.  The  road  commissioners  may  prescribe  in  their  report  the 
grade  or  rise  and  fall  to  the  rod,  of  any  highway  by  them  laid  out, 
or  of  any  existing  highway  for  which  a  proposed  highway  not  laid 
out  might  be  a  substitute  ;  and  their  report  being  accepted,  if  any 
town  shall  neglect  to  make  such  highway  in  conformity  thereto, 
such  town  may  be  indicted  and  fined  as  for  neglect  to  make  or 
repair  highways. 

Sec.  10.  Each  road  commissioner  shall  be  allowed  in  each  case 
in  full  for  his  services  and  expenses,  ten  cents  a  mile  for  actual 
travel  each  way  and  two  dollars  a  day  for  the  time  necessarily 
spent  in  making  the  examination  and  report,  excluding  the  time 
of  travelling  to  and  from  the  place  of  examination;  and  in  case 
there  shall  be  more  than  one  road  to  examine  in  any  town  at  the 
same  time,  but  one  travel  shall  be  allowed. 


CHAPTER  53. 

OF  THE  PAYMENT  OF  DAMAGES  OCCASIONED  BY  LAYING  OUT 

HIGHWAYS. 


Section 

1.  Damages  paid  before  road  made. 

2.  What  cases  are  excepted. 

3.  Damages  recovered  by  action. 

4.  Action  must  be  brought,  when. 

5.  Damages  recovered,  how  much. 


Section 

6.  Execution  issued  therefor,  when. 

7.  Damages,  by  whom  paid. 

8.  County  may  pay  part,  and  when. 

9.  Costs  paid  by  county,  when. 
10.  Costs  paid  by  towns,  when. 


Section  1.  No  new  highway  or  alteration  in  any  highway  shall 
be  made  by  any  town,  until  the  damages  awarded  to  the  owners 
of  land  or  other  estate  taken  therefor,  shall  be  paid,  except  in  cases 
provided  by  law. 

Sec  2.  If  the  owner  of  such  land  or  real  estate  is  a  minor  or 
insane  and  has  no  guardian,  or  resides  out  of  the  State  or  is  un- 
known, such  new  highway  or  alteration  may  be  made  without  ten- 
der or  payment  of  their  damages. 

Sec  3.  If  any  highway  or  alteration  therein  shall  be  laid  out 
and  established,  any  person  to  whom  any  damages  shall  be  award- 
ed, may  recover  the  same  with  interest  from  the  person  or  town 
liable  to  pay  the  same,  in  case  the  same  shall  not  be  paid  to  him 
within  thirty  days  after  the  same  shall  be  demanded. 

Sec.  4.  All  actions  to  recover  damages  awarded  for  lands  taken 


124 


NEGLECT    OF    TOWNS. 


[title    IX. 


for  highways  which  may  be  discontinued,  shail  be  brought  within 
six  months  from  the  time  of  such  discontinuance  and  not  after- 
wards. 

Sec.  5.  In  actions  for  the  recovery  of  damages  for  lands  taken 
for  highways,  only  the  amount  of  the  actual  loss  or  damage  sus- 
tained shall  be  recovered,  in  case  such  highway  has  been  discon- 
tinued. 

Sec.  6.  If  a  fine  shall  be  imposed  upon  any  town  for  not  mak- 
ing or  altering  any  highway,  and  an  agent  shall  be  appomted  to 
superintend  the  making  thereof,  the  court  on  motion  may  issue 
execution  against  such  town  for  the  damages  awarded  to  any  land- 
owner, and  such  highway  may  be  made  or  altered  without  pay- 
ment or  tender  thereof. 

Sec.  7.  The  damages  assessed  upon  the  laying  out  of  any  high- 
way for  the  accommodation  of  individuals,  shall  be  paid  by  them. 
Those  assessed  upon  the  laying  out  or  altering  of  any  highway  for 
the  accommodation  of  the  public,  shall  be  paid  by  the  town  in 
which  the  land  taken  for  such  highway  shall  lie. 

Sec.  8.  The  court  of  common  pleas,  if  they  deem  the  expense 
of  laying  out  any  new  highway,  paying  the  damages  and  building 
the  same  unjustly  burdensome  to  any  town,  may  order  a  part,  not 
exceeding  one  half  such  expense,  to  be  paid  by  the  county ;  and 
may  draw  an  order  on  the  county  treasurer  in  favor  of  such  town 
therefor. 

Sec  9.  The  costs  of  laying  out  and  of  widening  and  straight- 
ening highways  from  town  to  town  or  through  land  not  in  any 
town,  shall  be  paid  by  the  county. 

Sec  10.  The  costs  of  laying  out  and  of  widening  and  straight- 
ening any  highway  in  any  town,  shall  be  paid  by  the  town,  ex- 
cept such  part  thereof  as  the  court  of  common  pleas  may  order  to 
be  paid  by  the  county. 


CHAPTER  53. 

OF  THE  NEGLECT  OF  TOWNS   TO  MAKE  AND  REPAIR  HIGHWAYS. 


Section 

1.  Towns  may  be  fined,  when. 

2.  Notice  to  town,  how  given. 

3.  Fine,  how  assessed. 

4.  Fees  of  witnesses,  when  taxed. 


Section 

5.  Fines,  how  collected  and  paid. 

6.  Agent  to  expend  the  fine. 

7.  No  way  public,  unless  laid  out  legally 

or  used  20  years. 


Section  1.  Fines  shall  be  imposed  upon  towns  for  neglect  to 
make  or  repair  highways,  in  the  following  cases  : 

1.  If  any  town  shall  unreasonably  neglect  to  make  and  put  in 
good  repair  any  new  highway  laid  out  therein: 


CHAP.  53.]  NEGLECT    OF    TOWNS.  125 

2.  If  any  town  shall  unreasonably  neglect  to  alter  and  put  in 
good  repair  any  highway  which  has  been  widened  and  straightened 
therein  : 

3.  If  any  town  shall  unreasonably  neglect  to  grade  the  hills  in 
any  highway  therein  agreeably  to  the  judgment  of  the  court  of 
common  pleas : 

4.  If  any  town  shall  neglect  to  cause  any  dangerous  causeway 
or  embankment  in  any  highway  therein  to  be  securely  railed : 

5.  If  any  town  shall  neglect  to  keep  any  highway  therein  in 
good  repair  and  suitable  for  the  travel  passing  thereon. 

Sec.  2.  The  grand  jury  may  indict,  or  the  attorney  general  or 
solicitor  may  file  an  information  against  any  such  town  for  either 
of  said  offences  ;  and  a  summons  shall  thereupon  be  issued  to  such 
town,  which  shall  be  served  by  giving  to  one  of  the  selectmen  and 
to  the  town  clerk,  or  leaving  at  their  usual  places  of  abode  respec- 
tively, an  attested  copy  thereof  with  a  like  attested  copy  of  the 
officer's  return  thereon,  thirty  days  before  the  court  at  which  the 
same  is  returnable. 

Sec.  3.  If  such  town  shall  not  appear  at  said  court  or  shall  be 
found  guilty  by  verdict  or  otherwise,  the  court  shall  impose  on 
such  town  a  fine  sufficient  to  put  such  highway  in  good  repair, 
and  to  defray  all  the  expenses  connected  therewith  and  render 
judgment  against  such  town  for  costs. 

Sec.  4.  No  fees  for  witnesses  shall  be  taxed  against  such  town, 
except  such  as  have  attended  as  witnesses  in  such  prosecution  by 
order  of  the  attorney  general  or  solicitor. 

Sec.  5.  All  such  fines  and  costs  shall  be  levied  and  collected  by 
execution  in  the  same  manner  as  executions  against  towns  are 
levied  in  civil  cases.  Such  fine  shall  be  paid  over  to  the  agent 
appointed  as  is  herein  prescribed,  and  the  costs  to  the  attorney 
general  or  solicitor. 

Sec.  6.  One  or  more  agents  shall  be  appointed  by  the  court  to 
superintend  the  collection  of  such  fine,  who  shall  apply  the  same  to 
make,  alter,  repair,  grade  or  secure  such  road,  as  the  case  may 
require,  and  who  shall  seasonably  make  return  of  his  doings  in  the 
application  and  expenditure  thereof  to  said  court  for  their  allow- 
ance. 

Sec  7.  No  highway  that  has  not  been  laid  out  agreeably  to 
statute  law,  shall  be  deemed  a  public  highway,  unless  the  same  has 
been  used  by  the  public  for  a  term  of  time  not  less  than  twenty 
years,  and  no  highway  thrown  open  to  the  public,  the  use  of  which 
would  not  be  necessary  for  public  travel,  excepting  for  the  purposes 
of  travel  over  a  toll  bridge,  shall  ever  be  deemed  a  public  highway, 
unless  the  same  shall  be  laid  out  agreeably  to  statute  law. 


126 


REPAIRING    HIGHWAYS. 


[title    IX. 


CHAPTER  54. 


OF  THE  DISCONTINUANCE  OF  HIGHWAYS. 


Section 

1.  Towns  may  discontinue  road. 

2.  Consent  of  court,  wlien  necessary. 


Section 
3.  Damages   for   such    discontinuance, 
when  allowed. 


Sfxtion  1.  Any  town  at  a  legal  meeting  holden  for  the  purpose, 
may  discontinue  any  highway  in  such  town. 

Sec.  2.  No  vote  of  discontinuance  shall  be  effectual  without  the 
consent  of  the  court  of  common  pleas,  if  such  road  was  not  laid  out 
by  the  selectmen,  or  if  it  was  laid  out  by  the  selectmen  during  the 
pendency  of  any  petition  in  the  court  of  common  pleas  for  the  lay- 
ing out  thereof,  or  if  an  indictment  or  information  is  pending 
against  such  town  for  neglect  to  make  or  repair  such  highway. 

Sec.  3.  If  any  person  is  injured  by  the  discontinuance  of  any 
highway,  he  may  petition  the  court  of  common  pleas  for  redress  ; 
and  the  court  after  due  notice  to  others  interested,  may  award  such 
damages  and  costs  as  may  be  just,  and  issue  execution  therefor 
against  the  town. 


CHAPTER  55, 

OF  REPAIRING  HIGHWAYS. 


Section 

1.  Money  raised  by  towns. 

2.  Prices  of  labor,  how  fixed. 

Surveyors  to  be  chosen. 

Districts  to  be  limited. 

Notice  to  work  given,  and  how. 

Notice  on  sudden  emergency. 

Ta.x  levied  by  distress. 

8.  Excuse  may  be  made. 

9.  Account  rendered  by  surveyors. 

10.  Extent  for  neglect,  when  issued. 

11.  Tax  worked  in  other  districts. 


Section 

12.  Tax  may  be  raised  in  money  and  ex- 

pended. 

13.  Collector's  powers  in  that  case. 

14.  Materials  to  be  purchased. 

15.  Removal  of  earth  from  road. 

16.  Tax  not  needed  in  district  where  to 

be  worked  out. 

17.  Time  of  travelling  allowed. 

18.  Expense  of  repairs  paid  by  county, 

when. 

19.  Such  expense,  how  paid. 


Section  1.  Every  town  at  their  annual  or  other  meeting,  shall 
raise  such  sum  of  money  as  they  may  judge  necessary  for  making 
and  repairing  the  highways  and  bridges  therein  for  that  year,  and 
tlie  same  shall  be  assessed  on  polls  and  estates  in  the  same  manner 
as  state  taxes  are  by  law  assessed. 

Sec.  2.  The  town  may  determine  the  prices  to  be    allowed  for 


CHAP.  55.]  REPAIRING   HIGHWAYS.  127 

labor,  utensils  and  materials  applied  in  repairing  highways  ;  other- 
wise such  prices  shall  be  fixed  by  the  selectmen. 

Sec.  3.  The  town  may  choose  as  many  surveyors  of  highways 
as  they  shall  judge  proper,  who  shall  enter  on  their  duties  on  the 
first  day  of  May  ;  and  in  case  no  election  shall  be  made  the  select- 
men shall  appoint  such  surveyors. 

Sec.  4.  The  selectmen  on  or  before  the  first  day  of  May  shall 
limit  the  several  surveyors'  districts,  and  give  to  each  a  list  of  the 
several  persons  in  his  district,  with  the  highway  tax  assessed  to 
each,  and  a  warrant  to  collect  the  same. 

Sec  5.  Every  smrveyor  shall  give  personal  notice  to  or  leave  a 
notice  at  the  usual  place  of  abode  of  each  person  named  in  his  list, 
of  the  amount  of  his  tax,  and  of  the  time  when,  the  place  where 
and  the  tools  with  which  he  shall  attend  to  work  out  his  tax,  four 
days  before  the  time  appointed,  and  may  require  any  person  to  work 
any  part  of  his  tax  not  exceeding  one  half,  in  labor  of  oxen  or 
horses. 

Sec.  G.  In  cases  of  sudden  emergency  which  may  require  imme- 
diate remedy,  the  surveyor  may  give  such  notice  to  any  person  to 
attend  forthwith. 

Sec  7.  If  any  person  so  notified  shall  neglect  or  refuse  to  attend 
in  person  or  by  one  or  more  suitable  laborers,  the  surveyor  shall 
levy  the  delinquent's  tax  by  distress  in  the  same  manner  as  collec- 
tors may  levy  and  collect  the  state  tax. 

Sec.  8.  If  any  delinquent  shall  within  four  days  after  the  time 
so  appointed,  render  to  the  surveyor  a  sufficient  excuse  for  his  ne- 
glect, he  shall  be  notified  to  work  at  some  other  time. 

Sec.  9.  Every  surveyor  shall  render  an  account  of  the  tax  to 
him  committed,  and  pay  over  the  balance  not  expended  on  the 
highways,  to  the  selectmen  agreeably  to  the  requirement  of  his 
warrant. 

Sec.  10.  If  any  surveyor  shall  neglect  to  render  such  account 
and  pay  over  such  balance,  the  selectmen  may  proceed  with  such 
surveyor  in  the  same  manner  they  may  by  law  proceed  with  col- 
lectors of  taxes  who  are  delinquent  in  collecting  and  paying  over 
the  taxes  committed  to  them  to  collect. 

Sec.  11.  The  selectmen  may  order  any  surveyor  to  cause  the 
taxes  then  due  on  his  list,  to  be  worked  out  in  any  other  district 
in  which  the  taxes  from  any  unforeseen  accident  shall  be  found 
insufficient ;  and  if  the  taxes  then  due  shall  be  insufficient,  the 
selectmen  shall  cause  the  road  or  bridge  affected  by  such  accident 
to  be  put  in  repair  at  the  expense  of  the  town. 

Sec  12.  Any  town  may  order  any  highway  tax  then  voted  to 
be  raised,  to  be  collected  by  the  collector  of  taxes  in  money ;  and 
such  tax  shall  be  paid  over  to  the  treasurer  or  selectmen  and  ex- 
pended in  repairing  the  highways,  under  the  direction  of  the  select- 
men or  surveyors  of  highways,  as  the  to^vn  may  direct. 

Sec  13.  The  collector  of  taxes  shall  have  the  same  powers  and 


28 


HIGHWAYS    NOT    IN     ANY    TOWN.  [tITLE  IX. 


be  subject  to  the  same  duties  and  liabilities  in  relation  to  any  tax 
so  voted,  as  he  has  in  relation  to  the  state  tax. 

Sec.  14.  Surveyors  of  highways  may  purchase  all  such  timber, 
plank  and  other  materials  as  are  necessary  for  repairing  the  high- 
ways and  bridges  in  their  respective  districts,  at  the  cost  and  charge 
of  the  town. 

,V  Sec.  15.  Every  surveyor  shall  have  power  within  his  district  to 
remove  any  gravel,  sand,  rocks  or  other  material  from  the  travel- 
led part  of  any  highway  therein,  without  damage  or  injury  to  the 
adjoining  land,  to  any  other  part  of  the  highways  in  said  district 
for  the  purpose  of  repairing  and  grading  the  same.  But  he  or 
those  under  him  shall  not  for  any  purpose  make  an  uncovered 
trench  or  ditch  by  the  side  of  the  travelled  part  of  any  highway 
next  and  opposite  to  any  dwelling  house  or  yard  situate  thereon, 
or  in  any  way  obstruct  the  passage  to  and  from  the  same. 

Sec.  16.  Whenever  the  whole  tax  in  any  surveyor's  list  is  not 
in  the  opinion  of  the  selectmen  needed  for  repairing  the  highways 
in  his  district,  they  may  direct  the  surveyor  to  cause  the  same  to 
be  worked  out  in  any  other  district. 

Sec.  17.  The  surveyor  shall  allow  every-  person  resident  in  his 
district  performing  labor  or  service  on  the  highways,  for  the  time 
necessarily  occupied  in  travelling  from  his  home  to  the  place  where 
such  labor  is  performed  and  in  returning  therefrom. 

Sec.  18.  The  court  of  common  pleas  upon  petition  may  order 
any  part  of  the  expense  of  repairing  any  highway  to  be  paid  from 
the  county  treasury,  in  case  they  shall  judge  the  expense  of  such 
repairs  to  be  unjustly  burdensome  to  such  town,  or  in  case  the 
county  convention  shall  be  of  opinion  that  any  part  of  such  ex- 
pense should  be  paid  by  the  county. 

Sec.  19.  The  court  may  direct  such  sum  as  they  may  order  to 
be  paid  by  the  county,  to  be  paid  to  the  town,  or  may  cause  such 
highway  to  be  put  in  repair  in  such  manner  as  they  may  think 
proper,  and  draw  their  order  for  said  sum  upon  the  county  treasurer. 


CHAPTER  56. 

OF  MAKING  AND  REPAIRING  HIGHWAYS  NOT  IN  ANY  TOWN. 


Section 

1.  Owners  of  land  to  contribute. 

2.  Notice  of  laying  out  given ;  expense 

may  be  paid  by  county. 

3.  Tax  to  be  assessed  therefor. 

4.  Notice  of  tax  and  sale  given. 

5.  Owners  may  pay  their  share. 


Section 

6.  Sale  to  be  made,  when  and  how. 

7.  Deed,  and  right  of  redemption. 

8.  Money,  how  to  be  applied. 

9.  Repairs  made  in  same  manner. 
10.  Owners  may  assess  tax  therefor. 


CHAP.  5C.]  HIGHWAYS    NOT    IN    ANY    TOWN.  129 

Section  1.  Highways  not  within  the  limits  of  any  town,  shall 
be  made  and  repaired  by  the  owners  of  the  lands  throngli  which 
they  pass  ;  and  all  the  owners  of  any  land  holden  under  one  title 
from  the  state  or  province,  shall  pay  their  proportion  according  to 
their  interest  of  all  costs  of  making  and  repairing  the  highways 
through  any  part  of  such  land. 

Sec.  2.  The  court  of  common  pleas,  whenever  they  shall  lay 
out  any  highway  through  such  land,  shall  cause  notice  thereof  to 
he  published  in  some  newspaper  four  Aveeks  successively,  descri- 
bing such  highway  and  requiring  the  owners  of  the  land  to  make 
said  highway  passable  within  such  reasonable  time  as  they  may 
order,  and  said  court  may  order  the  whole  or  any  part  of  the  ex- 
pense of  making  or  repairing  said  highway  to  be  paid  by  the  county. 

Sec.  3.  If  such  highway  shall  not  be  made  as  required  by  such 
notice,  the  said  court  shall  assess  such  land  so  much  by  the  acre  as 
they  may  judge  necessary  to  make  tlie  same. 

Sec.  4.  The  county  treasurer  shall  advertise  such  tax  in  some 
newspaper  four  weeks,  requiring  the  owners  of  such  land  to  pay 
the  same  to  him  in  sixty  days  from  the  first  publication  of  such  ad- 
vertisement, and  notifying  the  owners  that  such  land  will  otherwise 
be  sold  at  auction  at  a  certain  time  and  place  mentioned  therein. 

Sec.  5.  The  owner  of  any  part  of  or  interest  in  such  tract  may 
pay  said  tax  for  the  same  and  take  a  receipt  describing  the  part  or 
interest  for  which  he  pays. 

Sec  6.  If  said  tax  is  not  paid  within  said  sixty  days  on  any  part 
of  such  land,  the  county  treasurer  sliall  sell  the  part  or  interest  of 
the  delinquent  at  the  time  and  place  mentioned  in  such  advertise- 
ment, or  so  much  thereof  as  may  be  necessary  to  pay  said  tax  with 
incidental  charges. 

Sec.  7.  The  county  treasurer  shall  make  a  deed  of  the  land  so 
sold  to  the  purchaser  after  the  time  of  redemption  has  expired,  and 
any  person  interested  therein  may  redeem  the  same  by  payment  or 
tender  to  the  county  treasurer  for  the  use  of  the  purchaser,  [of]  the 
amount  for  which  the  same  was  sold,  with  twelve  per  cent,  interest 
thereon,  within  one  year  from  the  sale. 

Sec  8.  The  money  so  raised  shall  be  applied  under  the  direc- 
tion of  the  court   to  make  and  repair  such  highways. 

Sec  9.  A  similar  method  may  be  pursued  by  said  court  to  keep 
in  repair  highways  running  through  said  lands,  in  case  the  owners 
shall  neglect  to  repair  the  same. 

Sec  10.  The  owners  of  such  lands  may  call  meetings  and  vote 
such  sums  of  money  for  making  and  repairing  highways  as  they  may 
think  proper,  and  choose  officers  for  levying  and  collecting  the  same, 
as  proprietors  of  common  and  undivided  lands  are  by  law  author- 
ized to  do. 

17 


130 


DAMAGES    FROM    HIGHWAYS. 


[title  IX. 


CHAPTER  57, 


OF  DAMAGES  FROM  DEFECTS  OF  HIGHWAYS. 


Section 

1.  Town  liable  for  damage,  when. 

2.  Surveyor  liable  to  town,  when. 

3.  Not  liable,  if  load  over  7  tons. 

4.  Nor  if  over  4  tons,  unless. 


Section 

5.  Liability  in  case  of  droves. 

6.  Burden  of  proof  on  plaintiff. 

7.  Damage  from  snow,  liability. 


Section  1.  In  case  any  special  damage  shall  happen  to  any  per- 
son or  to  his  team  or  carriage,  by  reason  of  the  obstructions,  insuf- 
ficiency or  want  of  repair  of  any  highway  or  bridge  in  any  town, 
the  person  injured  shall  recover  his  damage  in  an  action  against 
such  town. 

Sec.  2.  The  town  shall  have  a  remedy  over  against  any  survey- 
or of  highways  through  whose  fault  or  neglect  the  said  damage 
happened. 

Sec.  3.  No  town  or  other  corporation  shall  be  liable  for  any 
damage  arising  from  any  deficiency  of  any  highway  or  bridge,  if 
the  weight  of  the  load  upon  the  carriage,  exclusive  of  the  carriage, 
shall  exceed  seven  tons. 

Sec.  4.  No  town  or  other  corporation  shall  be  liable  for  any  dam- 
age arising  from  any  deficiency  of  any  highway  or  bridge,  if  the 
weight  of  the  load  upon  the  carriage,  exclusive  of  the  carriage, 
shall  exceed  four  tons,  unless  the  felloes  of  the  wheels  of  such  car- 
riage shall  be  of  the  width  of  five  inches  or  more. 

Sec  5.  No  town  or  corporation  shall  be  liable  to  any  person  for 
any  damage  occasioned  to  droves  of  cattle  by  reason  of  the  defi- 
ciency of  any  bridge,  where  the  number  of  cattle  on  such  bridge  at 
the  same  time  shall  exceed  twenty-five. 

Sec  6.  Upon  the  trial  of  any  action  for  the  recovery  of  such 
damage,  it  shall  be  incumbent  on  the  plaintiff  to  prove  the  Aveight 
of  such  load  or  the  number  of  cattle  upon  such  bridge. 

Sec  7.  Every  town  and  surveyor  of  highways  shall  be  liable  for 
any  damage  arising  from  the  snow  encumbering  the  same,  as  from 
any  other  deficiency ;  and  such  surveyor  and  the  selectmen  shall 
have  the  same  powers  and  be  subject  to  the  same  duties  in  rela- 
tion to  such  encumbrance,  as  in  case  of  any  other  accident  occur- 
ring to  a  highway. 


CHAP.  59.] 


INJURIES ENCUMBRANCES. 


131 


CHAPTER  58. 


OF  INJURIES  TO  HIGHWAYS  AND  RAILROADS. 


Section 
3.  Injuring  railroads,  liability  for. 


Section 

1.  Destroying  highways,  liability  for. 

2.  Extent  of  such  liability. 

Section  1.  If  any  person  shall  wantonly  or  illegally  injure  or 
damnify  any  highway,  causeway  or  bridge  by  destroying  or  taking 
away  any  of  the  plank,  timbers,  stone  or  other  materials  thereof,  or 
by  digging  any  pit  therein  for  gravel  or  clay  or  for  any  other  pur- 
pose, he  shall  on  conviction  be  punished  by  fine  not  exceeding  one 
hundred  dollars,  or  by  imprisonment  not  exceeding  six  months. 

Sec.  2.  Every  person  so  injuring  or  damnifying  any  highway 
or  bridge,  shall  be  liable  to  the  town  for  all  damage  done  to  the  same, 
and  for  all  damages  to  which  such  town  may  be  subjected  by  rea- 
son thereof. 

Sec.  3.  If  any  person  shall  wilfully  and  maliciously  obstruct 
the  passing  of  any  carriage  on  any  railroad,  or  in  any  way  injure 
said  road  or  any  thing  appertaining  thereto,  or  any  materials  or  im- 
plements for  the  construction  or  use  thereof,  such  person  and  all 
who  shall  aid  and  abet  such  trespass,  shall  forfeit  to  the  use  of  the 
corporation  owning  such  road,  for  every  such  offence  treble  the 
amount  of  damages  which  shall  appear  on  the  trial  to  have  been 
sustained  thereby. 


CHAPTER  59. 


OF  ENCUMBRANCES   IN  HIGHWAYS. 


Section 

1.  Encumbrances  may  be  removed. 

2.  Notice  to  remove  given. 

3.  Justice  to  view,  may  order  sale. 


Section 

4.  Sale  made  by  surveyor. 

5.  Liability  to  indemnify  town. 


Section  1.  The  surveyor  of  highways  may  remove  any  timber, 
lumber,  stones  or  other  thing  whatever  placed  or  being  in  any  high- 
way or  street  to  the  encumbrance  thereof. 

Sec.  2,  Such  surveyor  may,  if  he  choose,  give  reasonable  notice 
to  the  owner  or  person  leaving  any  such  encumbrance,  to  remove 
the  same  ;  and  upon  their  neglect  or  refusal  to  remove  the  same,  or 
if  they  are  unknown,  he  may  make  complaint  thereof  to  a  justice 
of  the  peace. 

Sec.  3.  Such  justice  shall  cause  notice  to  be  given  to  the 
owner  or   person   leaving   the  same,  if  known,  of  the  time  ap- 


132 


ENCROACHMENTS    ON    HIGHWAYS.  [TITLE  IX. 


pointed  by  him  to  view  such  encumbrance ;  and  after  hearing 
such  party  may  upon  his  own  view  issue  his  warrant  to  the  sur- 
veyor to  remove  the  same,  so  far  as  he  shall  judge  necessary  for  the 
public  convenience,  and  to  sell  so  much  thereof  as  may  be  neces- 
sary to  pay  the  legal  costs  taxed  by  him,  and  three  times  the  price 
of  the  labor  of  removing  the  same  to  be  estimated  by  such  justice. 

Sec.  4.  The  surveyor  shall  have  the  same  power  and  be  govern- 
ed by  the  same  rules  in  making  such  sale,  as  collectors  of  taxes  in 
the  sale  of  property  distrained  by  them ;  and  if  the  proceeds  of 
such  sale  shall  be  insufficient  to  pay  the  sums  specified  in  such  war- 
rant, the  surveyor  may  recover  the  balance  unpaid  by  action  on 
the  case  against  the  person  leaving  the  same. 

Sec.  5.  If  any  person  shall  place  in  any  highway  or  street  any 
timber,  lumber,  stones  or  other  thing  whatever  to  the  encumbrance 
or  obstruction  thereof,  he  shall  be  liable  to  the  town  for  all  damages 
and  costs  which  said  town  shall  be  compelled  to  pay  to  any  person 
who  has  sustained  damage  by  reason  of  such  encumbrance  or  ob- 
struction. 


CHAPTER  60. 


OF  ENCROACHMENTS  ON  HIGHWAYS. 


Section 

1.  Buildings  or  fences  in  highways  are 

nuisances. 

2.  What  cases  are  excepted. 


Section 

3.  Gates  across  highways,  in  what  cases 

allowed. 

4.  Court  may  remove  such  gate,  when. 


Section  1.  If  any  building,  structure  or  fence  shall  be  erected 
or  continued  upon  or  over  any  highway,  street  or  alley,  so  as  to 
obstruct  the  same  or  lessen  the  full  breadth  thereof,  it  shall  be 
deemed  a  public  nuisance  ;  and  any  person  erecting  or  continuing 
the  same  shall  be  punished  by  fine  not  exceeding  fifty  dollars  and 
costs  of  prosecution ;  and  the  court  shall  order  and  cause  such 
building,  structure  or  fence  to  be  taken  down  or  removed. 

Sec.  2.  The  foregoing  section  shall  not  be  construed  to  prohibit 
the  erection  of  any  watch  house  or  structure  for  public  use  by  the 
selectmen  of  any  town,  or  any  sign  or  awning  erected  in  conformity 
to  the  regulations  established  by  the  police  officers. 

Sec.  3.  The  selectmen  upon  application  may  by  license  record- 
ed by  the  town  clerk,  permit  any  person  to  keep  a  gate  upon  any 
highway  leading  across  any  meadow  or  intervale  land  liable  to 
freshets,  at  a  place  therein  designated,  under  such  restrictions  as 
they  may  judge  proper  ;  and  they  may  at  any  time  alter  or  revoke 
such  license. 

Sec.  4.  If  any  person  shall  think  himself  aggrieved  by  the  grant 


CHAP.  62.] 


BRIDGES GUIDE    POSTS. 


133 


of  such  license,  he  may  apply  by  petition  to  the  court  of  common 
pleas  for  redress,  who  shall  cause  such  notice  to  be  given  to  all  per- 
sons concerned  as  they  shall  judge  proper,  and  may  affirm,  alter  or 
annul  such  license. 


CHAPTEI^  61. 


OF  BRIDGES. 


Section  Section 

1.  By-laws  made  by  towns,  when.  3.  Notice  of  such  by-laws,  how  given. 

2.  By-laws  made  by  bridge  companies. 

Section  1.  Any  town  at  a  legal  meeting  may  establish  by-laws 
to  prevent  any  person  from  wilfully  riding  or  driving  at  a  rate  faster 
than  a  walk,  over  any  bridge  in  such  town  which  shall  have  cost 
one  thousand  dollars  or  more,  and  annex  penalties  not  exceeding 
one  dollar  for  the  breach  thereof  to  be  recovered  in  the  name  and 
for  the  use  of  the  town. 

Sec.  2.  The  proprietors  of  any  toll  bridge  may  make  by-laws 
to  prevent  any  person  from  riding  or  driving  over  such  bridge  at 
a  rate  faster  than  a  walk,  and  annex  penalties  not  exceeding  two 
dollars  for  the  breach  thereof  to  be  recovered  by  the  corporation 
for  its  own  use. 

Sec.  3.  No  such  by-law  shall  be  in  force  unless  such  town  or 
corporation  shall  cause  to  be  posted  and  kept  up  in  some  conspicu- 
ous place,  at  each  end  of  said  bridge,  a  board  painted  with  a  white 
ground  containing  in  black  letters  the  substance  of  such  by-laws. 


CMAFTEm  6S. 


OF  GUIDE  POSTS. 


Section 
1.  Guide  posts,  towns  to  erect  and  keep 
in  repair. 


Section 
2.  Neglect  so  to  do,  how  punished. 
I    3.  Injuries  thereto,  how  punished. 


Section  1.  Every  town  shall  erect  and  keep  in  repair  suitable 
guide  posts  or  guide  boards  at  the  intersection  of  all  public  high- 
ways, on  which  shall  be  distinctly  and  legibly  marked  the  name  of 
the  next  town  and  such  other  towns  as  the  selectmen  may  think 
proper,  and  the  distance  in  miles  to  the  same  with  an  index  point- 
ing towards  the  places  to  which  such  roads  lead. 


134 


TUR.NLNG     TO     THE     RIGHT. 


[title    IX. 


Sec.  2.  If  any  town  shall  neglect  to  erect  or  keep  in  repair  such 
guide  post  or  guide  board  at  each  intersection  of  the  highways 
therein,  they  shall  forfeit  for  each  month's  neglect  the  sum  of  one 
dollar,  to  be  recovered  by  any  person  who  will  sue  for  the  same,  for 
his  own  use. 

Sec,  3.  If  any  person  shall  throw  down,  destroy  or  deface  any 
such  guide  post,  guide  board  or  its  appendages  or  the  letters  or 
figures  thereon,  or  aid  or  assist  therein,  he  shall  on  conviction  upon 
complaint  before  any  justice  of  the  peace  be  pmiishcd  by  fine  not 
exceeding  ten  dollars,  for  the  use  of  the  town. 


CHAPTER  63. 


OF  TURNING  TO  THE  RIGHT. 


Section 

1 .  All  travellers  to  turn  to  the  right. 

2.  Liability  for  neglect  so  to  do. 


Section 

3.  Prosecution  limited  to  ninety  days. 

4.  Action  limited  to  one  year. 


Section  1.  Every  person  travelling  with  any  carriage  or  other 
vehicle,  who  shall  meet  any  other  person  so  travelling  on  any  high- 
way or  bridge,  shall  seasonably  drive  his  carriage  or  vehicle  to  the 
right  of  the  centre  of  the  travelled  part  of  the  road,  so  as  to  ena- 
ble such  person  to  pass  with  his  carriage  or  vehicle  without  inter- 
ference or  interruption. 

Sec.  2.  Every  person  who  shall  offend  against  the  provisions  of 
the  preceding  section,  shall  upon  complaint  before  a  justice  of  the 
peace  be  punished  by  fine  not  less  than  one  dollar  nor  more  than 
twelve  dollars,  and  shall  be  liable  for  all  damages  sustained  in  con- 
sequence of  any  neglect  to  comply  with  said  provisions. 

Sec.  3.  No  complaint  for  any  offence  prohibited  by  this  chapter 
shall  be  sustained,  unless  made  by  the  party  aggrieved  or  by 
some  person  authorized  by  him,  within  ninety  days  after  such 
offence  is  committed. 

Sec  4.  No  action  for  damages  sustained  by  reason  of  any  viola- 
tion of  this  chapter  shall  be  supported,  unless  it  shall  be  commenced 
within  one  year  after  the  cause  of  action  accrued. 


CHAP.  04.]  SETTLEMENT  OF    PAUPERS.  135 

CHAPTER  64. 

OF  FERRIES. 


Section 

1.  Boats  to  be  provided  at  all  times. 

2.  Rates  of  ferriage,  how  fixed. 


Section 
3.  Penalty  for  demanding  more. 


Section  1.  Every  ferryman  shall  keep  one  or  more  good  boats 
in  good  repair,  suitable  for  the  water  they  are  to  ferry  over,  and 
shall  give  ready  and  due  attendance  on  passengers  upon  all  occa- 
sions. If  any  ferryman  shall  neglect  to  provide  such  boat,  he  shall 
forfeit  ten  dollars,  and  if  he  shall  neglect  or  refuse  to  give  such 
attendance,  he  shall  forfeit  five  dollars,  to  the  use  of  any  person  who 
shall  be  injured  by  such  neglect. 

Sec.  2.  The  court  of  common  pleas  shall  determine  the  rates  of 
ferriage  at  the  several  ferries  in  their  county,  which  shall  be  record- 
ed by  the  clerk,  and  a  copy  of  the  order  of  the  court  shall  be  served 
on  each  ferryman  at  the  expense  of  the  county,  who  shall  cause  the 
same  to  be  affixed  to  some  conspicuous  place  in  his  house,  for  pub- 
lic inspection. 

Sec.  3.  If  any  ferryman  shall  demand  and  receive  of  any  person 
for  any  service  rendered  by  him  as  such  ferryman,  a  greater  sum 
than  the  rate  prescribed  in  such  order  of  court,  the  same  may  be 
recovered  by  the  person  paying  the  same  with  costs  of  suit,  and 
such  ferryman  shall  upon  complaint  before  any  justice  of  the  peace 
be  fined  not  exceeding  five  dollars. 


^m 


TITLE  X. 

OF  THE    SUPPORT  OF  PAUPERS  AND  THE   PREVENTION 
OF  PAUPERISM. 


Chapter  65.  Of  the  settlement  of  paupers. 
Chapter  66.   Of  the  support  of  town  paupers. 
Chapter  67.  Of  the  support  of  county  paupers. 
Chapter  68.  Of  the  maintenance  of  bastard  children. 


136 


SETTLEMENT    OF    PAUPERS, 


[title  X. 


CHASTER  GS. 

OF  THE  SETTLEMENT  OF  PAUPERS. 


Section 

1.  Settlements,  how  gained. 

2.  Not  by  birth,  unless  parents  have  a 

settlement. 


Section 

3.  Nor  unless  under  a  law  passed  since 

December  31,  1795. 

4.  Settlement  lost  by  gaining  a  new  one. 


Section  1.  A  legal  settlement  may  be  gained  by  any  person  in 
any  town,  so  as  to  oblige  such  town  to  support  such  person,  if  poor 
and  unable  to  support  himself,  in  the  manner  following,  and  not 
otherwise : 

First :  A  married  woman  shall  have  the  settlement  of  her  hus- 
band, if  he  has  or  shall  acquire  any  within  this  State  ;  otherwise 
her  settlement  at  the  time  of  her  marriage  shall  continue  : 

Second :  Legitimate  children  shall  have  the  settlement  of  their 
father,  if  any  he  has  within  this  State  ;  otherwise  the  settlement  of 
their  mother,  if  any  she  has,  until  they  gain  a  settlement  of  their 
own  : 

Third :  Illegitimate  children  shall  have  the  settlement  of  their 
mother  at  the  time  of  their  birth,  if  any  she  has  within  the  State : 

Fourth  :  Any  person  of  the  age  of  twenty-one  years,  having  real 
estate  of  the  value  of  one  hundred  and  fifty  dollars,  or  personal 
estate  of  the  value  of  two  hundred  and  fifty  dollars,  in  the  town 
where  he  dwells  and  has  his  home,  and  paying  all  taxes  duly  as- 
sessed on  him  and  his  estate  for  four  years  in  succession,  shall 
thereby  gain  a  settlement  in  said  town : 

Fifth :  Any  person  admitted  an  inhabitant  by  any  town  at  any 
legal  meeting  in  the  warrant  for  which  an  article  for  the  purpose 
shall  be  inserted,  or  who  shall  be  chosen  and  shall  actually  serve 
one  year  in  the  office  of  clerk,  treasurer,  selectman  or  overseer  of 
the  poor  therein,  shall  thereby  gain  a  settlement  in  such  town : 

Sixth :  Any  person  dwelling  and  having  his  home  in  any  unin- 
corporated place  at  the  time  when  the  same  shall  become  incorpo- 
rated into  a  town,  shall  thereby  gain  a  settlement  therein : 

Seventh :  If  two  or  more  towns  shall  be  incorporated  into  one 
town,  any  person  having  his  settlement  in  either  of  such  towns, 
shall  have  his  settlement  in  the  town  so  incorporated : 

Eighth :  Upon  the  division  of  any  town,  any  person  having  his 
settlement  therein,  shall  thereafter  have  his  settlement  in  that  town 
in  which  his  last  dwelling  place  shall  have  been. 

Ninth  :  If  the  dwelling  house  or  home  of  any  person  residing 
but  having  no  settlement  in  any  town,  shall  by  act  of  law  fall 
within  the  limits  of  any  other  town,  such  person  shall  acquire  a 
settlement  in  such  last  named  town  in  the  same  time  and  manner 
as  he  would  have  done  in  the  former  town,  if  no  such  change  had 
taken  place : 


CHAP.  CO.] 


SUPPORT  OF  TOWN  PAUPERS. 


137 


Tenth  :  Any  person  of  the  age  of  twenty-one  years,  who  shall 
have  resided  in  any  town  in  this  State,  and  being  taxed  for  his  poll 
for  seven  years  in  succession,  shall  have  paid  all  taxes  legally  as- 
sessed on  his  poll  and  estate  during  said  term,  shall  thereby  gain  a 
settlement  in  such  town. 

Sec.  2.  No  person  shall  gain  a  settlement  by  birth  in  any  town 
in  which  neither  of  his  parents  then  has  a  settlement. 

Sec.  3.  No  town  shall  be  liable  for  the  support  of  any  person 
unless  he  or  the  person  under  whom  he  derives  his  settlement, 
shall  have  gained  a  settlement  therein  under  some  law  passed  since 
the  thirty-first  day  of  December,  A.  D.  1795. 

Sec.  4.  Every  settlement  shall  continue  until  a  new  settlement 
is  gained  in  this  State,  and  upon  gaining  such  new  settlement  any 
former  settlement  shall  be  lost. 


CHAPTER  66. 

OF  THE  SUPPORT  OF  TOWN  PAUPERS. 


Section 

1.  Paupers  are  to  be  supported. 

2.  Poor  farm  may  be  purchased. 

3.  Officers  of  poor  farm  appointed. 

4.  Paupers  may  be  bound  out. 

5.  Idlers  set  to  work  or  bound  out. 

6.  Mode  of  binding  out. 

7.  Burial  of  paupers. 

8.  Relations  of  ability  to  support,  liable. 


Section 

9.  Town  may  recover  expense. 

10.  Notice  of  sum  expended,  to  be  given. 

11.  Service  of  such  notice,  how  made. 

12.  Return  of  service,  how  made. 

13.  Notice  good,  for  what  time. 

14.  Limitations  of  actions. 

15.  Action  may  be  transferred  to  another 

county,  when. 


Section  1.  When  any  person  in  any  town  shall  be  poor  and  un- 
able to  support  himself,  he  shall  be  relieved  and  maintained  by  the 
overseers  of  the  poor  of  such  town,  whether  he  has  a  settlement  in 
such  town  or  otherwise. 

Sec.  2.  Any  town  may  purchase  and  hold  lands,  and  may  purchase 
or  erect  all  buildings  and  furnish  all  means  which  may  be  necessa- 
ry for  the  accommodation,  support  and  employment  of  the  poor 
within  said  town,  and  at  any  legal  meeting  may  raise  so  much 
money  as  may  be  necessary  for  said  purposes,  and  for  managing 
and  keeping  such  property  in  repair. 

Sec.  3.  The  town  may  appoint  all  necessary  officers  for  the 
management  of  such  property,  and  establish  necessary  by-laws  and 
regulations  for  the  government  of  its  inmates,  provided  that  no 
punishment  shall  exceed  that  allowed  in  the  house  of  correction  of 
said  town. 

Sec  4.  The  overseers  of  the  poor  in  any  town  may  by  written 
contract  bind  out  to  labor  for  a  term  not  exceeding  one  year,  or 
18 


138  SUPPORT    OF    TOWN    PAUPERS.  [tITLE  X. 

employ  in  their  work  house  every  person  residing  in  sucli  town, 
who  Hves  idly  and  pursues  no  lawful  business,  and  who  is  poor  and 
stands  in  need  of  relief,  or  whose  family  standing  in  need  of  relief 
is  supported  by  such  town,  and  shall  take  the  wages  and  appro- 
priate the  same  to  the  maintenance  of  such  person,  his  family  or 
children. 

Sec.  5.  Said  overseers  may  set  to  work  in  the  work  house  or  else- 
where, or  bind  out  as  apprentices  all  children  residing  in  their  re- 
spective towns,  who  are  not  employed  in  some  lawfid  business,  and 
whose  parents  are  unable  or  neglect  to  maintain  them.  The  males 
may  be  bound  out  until  they  arrive  at  the  age  of  twenty-one  years, 
and  the  females  until  they  arrive  at  the  age  of  eighteen  years. 

Sec.  6.  Such  contract  shall  be  in  writing,  shall  be  made  equita- 
bly, and  as  much  as  may  be  for  the  interests  of  the  persons  bound 
out,  and  shall  provide  that  they  shall  be  instructed  to  read,  write 
and  cipher,  and  to  do  such  work  and  business  as  is  suitable  to  their 
condition.  The  overseers  shall  inquire  into  the  usage  of  all  per- 
sons so  bound  out,  shall  see  that  said  contract  is  fulfilled  and  that 
all  wrongs  or  injuries  are  redressed,  and  the  rights  and  obligations 
of  such  master  and  apprentice  shall  be  the  same  as  in  the  case  of 
other  apprentices. 

Sec.  7.  If  any  pauper  shall  die  in  any  town  in  this  State  having 
a  settlement  in  such  town  or  otherwise,  the  overseers  of  the  poor 
shall  cause  such  person  to  be  decently  buried  at  the  expense  of  the 
town. 

Sec.  8.  The  relations  of  any  poor  person  in  the  line  of  father 
or  grandfather,  mother  or  grandmother,  children  or  grandchildren, 
of  sufficient  ability,  shall  be  liable  to  maintain  such  person  when 
standing  in  need  of  relief.  If  such  person  has  no  such  relations  of 
sufficient  ability,  the  town  wherein  such  person  has  a  legal  settle- 
ment, shall  be  liable  for  his  support. 

Sec.  9.  If  any  town  in  this  State  shall  expend  any  sum  for  the 
support  or  burial  as  aforesaid  of  any  poor  person  having  a  settlement 
in  some  other  town  in  this  State,  or  having  any  relations  of  suffi- 
cient ability,  such  sum  may  be  recovered  of  the  town  or  person  so 
chargeable  by  law  with  the  support  of  such  poor  person. 

Sec  10.  No  action  shall  be  sustained  against  any  town  or  per- 
son chargeable  as  aforesaid,  unless  a  notice  in  writing  signed  by 
the  overseers  of  the  poor  stating  the  sums  so  expended,  shall  first 
have  been  given  to  such  town  or  person. 

Sec  11.  Such  notice  shall  be  served  upon  such  town  by  the 
sheriff  or  his  deputy,  by  leaving  an  attested  copy  thereof  and  of  his 
return  thereon  with  one  at  least  of  the  selectmen  or  overseers  of 
the  poor,  and  with  the  clerk  of  such  town ;  and  upon  any  person 
chargeable  as  aforesaid,  by  giving  him  in  hand  or  leaving  at  his 
usual  place  of  abode  a  like  copy. 

Sec  12.  The  officer  making  such  service,  shall  within  twenty 
days  thereafter,  make  a  return  of  the  original  notice  with  his  doings 


CHAP.  67,]     SUPPORT  OF  COUNTY  PAUPERS. 


139 


therein,  to  the  clerk  of  the  court  of  common  pleas  in  the  comity  in 
which  the  town  or  person  chargeable  may  be,  and  shall  receive  the 
same  fees  for  his  travel  and  service  as  by  law  are  allowed  for  serv- 
ing writs. 

Sec.  13.  Such  notice  shall  be  sufficient  for  all  sums  so  expended 
within  ninety  days  previous  to  such  service,  and  for  any  sum  so 
expended  within  one  year  thereafter. 

Sec.  14.  No  action  aforesaid  shall  be  sustained  unless  com- 
menced within  three  years  from  the  time  of  the  service  of  such 
notice  upon  the  town  or  person  chargeable,  nor  for  any  sum  that 
may  have  been  expended  more  than  ninety  days  previous  to  such 
notice. 

Sec.  15.  When  any  county  in  which  any  action  for  the  support 
of  a  pauper  is  pending,  may  eventually  be  liable  for  the  support  of 
such  pauper  under  any  law  of  this  State,  the  court  shall  on  motion 
transfer  such  action  to  an  adjoining  county  for  adjudication. 


CHAPTER  67. 


OF  THE  DISPOSAL  AND  SUPPORT  OF  COUNTY  PAUPERS. 


Section 

1.  County,  when  and  how  liable. 

2.  County  poor-house,  how  provided. 

3.  County  paupers  bound  out,  how. 

4.  Town  ceasing  to  be  organized,  county 

to  support  its  paupers. 

5.  Penalty  for  bringing  pauper  from  an- 

other state. 


Section 

6.  Master  of  vessel  to  give  bond,  when. 

7.  Penalty  for  not  giving  bond. 

8.  Bond,  how  put  in  suit. 

9.  Pauper  brought  from  another  county, 

penalty. 
10.  Such  pauper  may  be  removed. 


Section  1.  When  any  poor  person  for  whose  support  no  person 
or  town  in  this  State  is  chargeable,  shall  be  relieved  or  buried  at 
the  expense  of  any  town,  the  overseers  of  the  poor  within  one 
year  thereafter,  or  in  case  a  suit  therefor  has  before  the  termination 
of  said  year  been  commenced  against  any  town  or  person  within 
six  months  after  tlie  termination  thereof,  may  present  an  account 
of  all  moneys  so  expended  to  the  court  of  common  pleas  of  the 
county  in  which  such  town  is,  with  proper  vouchers,  and  said 
court  shall  allow  such  sum  as  they  shall  think  reasonable,  to  be 
paid  out  of  the  treasury  of  the  county. 

Sec.  2.  The  court  of  common  pleas  in  any  county,  upon  a 
recommendation  of  a  majority  of  the  representatives  to  the  legisla- 
ture from  the  several  towns  composing  said  county,  may  provide  at 
ilie  expense  of  such  county  all  such  lands,  buildings  and  articles 
as  may  be  necessary  for  the  accommodation,  support  and  employ- 
ment of  the  poor  who  may  be  chargeable  to  such  county,  and  may 


140         SUPPORT  OF  COUNTY  PAUPERS.        [tITLE  X. 

appoint  suitable  officers  for  their  management  and  establish  neces- 
sary rules  and  regulations  therefor  ;  but  in  no  case  shall  the  punish- 
ment for  any  offence  exceed  that  allowed  by  law  in  the  house  of 
correction. 

Sec.  3.  The  court  of  common  pleas  may  bind  out,  or  may  authorize 
the  overseers  of  the  poor  of  any  town  to  bind  out  or  employ  any 
person  chargeable  or  liable  to  be  chargeable  to  the  county,  in  the 
same  manner  that  such  overseers  might  do  in  case  of  a  person 
chargeable  to  such  town  ;  and  the  rights  and  obligations  of  all  par- 
ties shall  be  the  same  as  in  such  case. 

Sec,  4.  When  any  town  in  this  State  shall  cease  to  be  organized 
as  a  town,  all  paupers  who  may  have  a  legal  settlement  in  such 
town  and  who  have  no  relations  by  law  bound  to  support  them, 
shall  be  maintained  by  the  county  in  v/hich  such  town  is  situate, 
imtil  the  same  shall  be  reorganized. 

Sec.  5.  If  any  person  shall  bring  from  any  other  state  and  leave 
in  any  town  in  this  State,  or  shall  so  bring  with  intent  to  leave,  any 
poor  and  indigent  person  having  no  visible  means  of  support  and 
no  settlement  within  the  State,  knowing  such  person  to  be  poor 
and  indigent  as  aforesaid,  he  shall  be  punished  by  fine  not  exceed- 
ing three  hundred  dollars  nor  less  than  fifty  dollars,  or  by  impris- 
onment not  exceeding  six  months. 

Sec.  6.  No  master  of  any  vessel  having  passengers  on  board  who 
have  no  settlement  within  this  State,  shall  suffer  such  passengers  to 
land,  until  he  shall  give  bond  to  the  State  in  a  sum  equal  to  two 
hundred  dollars  for  every  such  passenger,  with  sufficient  sureties 
to  the  satisfaction  of  the  selectmen  of  the  town  in  which  such  pas- 
sengers are  landed,  conditioned  to  indemnify  and  save  harmless 
such  town  and  every  town  and  county  in  the  State,  from  all  expen- 
ses which  for  three  years  thereafter  may  arise  from  such  passen- 
gers, whose  names  shall  be  inserted  in  said  bond. 

Sec.  7.  If  any  master  shall  suffer  any  such  passenger  to  land 
before  such  bond  shall  be  given,  unless  the  same  shall  be  dispensed 
with  by  such  selectmen  on  application  therefor,  he  shall  be  punished 
by  fine  not  exceeding  two  hundred  dollars  for  each  passenger  so  land- 
ed, or  by  imprisonment  not  exceeding  one  year. 

Sec.  8.  Said  bond  shall  be  filed  by  the  selectmen  Avho  approve 
the  same,  in  the  office  of  the  clerk  of  the  court  of  common  pleas 
for  the  county,  and  may  by  leave  of  the  court  be  prosecuted  for 
the  benefit  and  at  the  expense  of  the  party  applying. 

Sec  9.  If  any  person  shall  bring  and  leave,  or  bring  with  intent 
to  leave,  any  poor  and  indigent  person  having  no  visible  means  of 
support,  into  any  county  in  this  State,  from  any  other  county  in 
which  such  poor  person  may  have  resided  or  have  been  supported, 
such  poor  person  not  having  a  legal  settlement  in  any  town  nor  any 
relation  chargeable  for  his  support  within  the  county  into  whicl'' 
such  poor  person  is  brought,  knowing  him  to  be  thus  poor  and 
indigent,  he  shall  be  punished  by  fine  not  exceeding  two  hundred 


CIIAF.  G8.] 


BASTARD    CHILDREN. 


141 


dollars  nor  less  than  thirty  dollars,  or  by  imprisonment  not  exceed- 
ing six  months. 

Sec.  10.  Every  such  poor  and  indigent  person  may  be  removed 
from  said  county  by  order  of  the  court  of  common  pleas  into  the 
county  from  which  he  was  so  brought  as  aforesaid. 


OF  THE  MAINTENANCE  OF  BASTARD  CHILDREN. 


Section 

1.  Warrant  for  arrest,  how  issued. 

2.  Bond  may  be  required. 

3.  Proceedings  returned  to  court  of  com- 

mon pleas. 

4.  Mother  may  be  a  witness,  when. 
.5.  Security  for  support  required. 

6.  Town  may  prosecute  complaint. 

7.  Town  may  make  complaint. 


Section 

8.  Proceedings  on  such  complaint. 

9.  Costs  for  respondent,  if  not  guilty. 

10.  Respondent     imprisoned,    how    dis- 

charged. 

11.  Respondent  goingoutof  county,  how 

arrested. 

12.  Proceeding  on  such  arrest. 


Section  1.  If  any  v^^oman  is  pregnant  with  a  cliild  which,  if 
born  alive,  may  be  a  bastard,  she  may  make  complaint  in  writing 
under  oath  to  any  justice  of  the  peace  in  this  State  against  any  man, 
charging  him  with  having  begotten  such  child ;  and  said  justice 
may  thereupon  issue  his  warrant  commanding  the  person  so  charged 
to  be  brought  before  some  justice  of  the  peace  in  and  for  the  coun- 
ty in  which  the  oftence  is  alleged  to  have  been  committed,  or  in 
which  the  person  so  charged  may  reside. 

Sec.  2.  The  justice  before  whom  such  person  shall  be  brought, 
if  he  see  fit,  may  order  such  person  to  give  bond  to  the  complain- 
ant in  a  reasonable  sum,  with  sufficient  surety  or  sureties  to  the 
satisfaction  of  the  justice,  conditioned  to  appear  at  the  term  of  the 
court  of  common  pleas  next  to  beholden  within  and  for  the  county 
in  which  the  offence  is  charged  to  have  been  committed,  to  answer 
to  such  complaint  and  to  abide  the  order  of  said  court  thereon, 
and  in  default  thereof  may  commit  him  until  such  order  is  performed. 

Sec.  3.  Said  justice  shall  make  a  certified  copy  of  each  paper  in 
said  case,  and  shall  deliver  the  same  to  the  complainant  or  return 
the  same  to  said  court  on  or  before  the  first  day  of  the  term  afore- 
said ;  and  said  complaint  shall  be  entered  at  said  term,  and  the 
person  charged  may  be  ordered  to  give  bond  as  aforesaid  to  the  sat- 
isfaction of  said  court,  for  his  appearance  at  any  future  day  or  term 
and  to  abide  the  order  of  the  court.  The  complaint  shall  be  tried 
by  the  court,  unless  either  party  requests  a  jury,  in  which  case  it 
shall  be  tried  by  a  jury,  and  the  issue  shall  be  chaj^geable  or  not 
chargeable. 

Sec  4.  Any  woman  who  shall  have  made  her  complaint  in  the 


142  ^  BASTARD    CHILDREN.  [tITLE  X. 

manner  aforesaid,  charging  any  man  with  being  the  father  of  the 
child  and  stating  the  time  when  and  the  place  where  the  same 
was  begotten,  and  shall  have  declared  in  the  time  of  her  travail 
the  same  person  to  be  the  father  of  the  child  to  the  persons  attend- 
ing her,  if  any  person  did  attend  her,  and  shall  have  continued 
constant  in  such  accusation,  shall  be  a  competent  witness  on  the 
trial  of  such  complaint,  her  credibility  being  left  to  the  court  or 
jury  who  try  the  cause ;  but  no  woman  shall  be  admitted  as  a 
witness  as  aforesaid  who  shall  have  been  convicted  of  any  crime 
rendering  her  incompetent  to  testify  in  any  other  case. 

Sec.  5.  If  any  man  is  found  chargeable  as  aforesaid,  the  court 
shall  order  him  to  pay  such  sum  as  they  shall  deem  reasonable,  to 
the  mother  of  the  child  or  the  selectmen  of  the  town  liable  by 
law  for  the  maintenance  of  the  child,  to  be  applied  for  such  main- 
tenance, and  also  to  pay  costs  of  prosecution,  and  may  order  him,  or 
the  mother  or  both  to  give  security  to  save  such  town  harmless 
from  all  charge  for  the  maintenance  of  such  child.  Any  person 
who  shall  neglect  or  refuse  to  obey  any  such  order,  may  be  com- 
mitted until  the  same  is  obeyed. 

Sec.  6.  If  any  woman  after  having  made  her  complaint  as  afore- 
said, shall  abandon  the  same,  the  town  liable  by  law  as  aforesaid, 
shall  upon  application  to  the  court  or  justice  in  writing  made  for 
that  purpose  by  their  selectmen,  agent  or  attorney,  be  admitted  to 
prosecute  said  complaint,  a  record  whereof  shall  be  made;  and  all 
subsequent  proceedings  thereon  shall  be  the  same  as  if  said  com- 
plaint had  been  instituted  originally  by  such  town. 

Sec  7.  If  the  mother  of  a  bastard  child  neglects  or  refuses  to 
make  complaint  as  aforesaid,  or  having  made  a  complaint  shall 
neglect  to  prosecute  the  same  in  the  court  aforesaid,  or  shall  in  the 
opinion  of  the  selectmen  of  any  town  liable  by  law  as  aforesaid  make 
a  false  complaint,  any  justice  of  the  peace  to  whom  complaint  may 
be  made  by  said  selectmen  against  any  man,  charging  him  with 
having  begotten  such  bastard,  may  issue  his  warrant  under  his 
hand  and  seal  directing  such  person  to  be  brought  before  some 
justice  of  the  peace  in  and  for  the  county  in  which  the  offence  was 
committed,  or  in  which  such  offender  may  reside. 

Sec.  8.  Such  complaint  shall  be  in  the  name  of  such  town,  and 
the  proceedings  thereon  shall  be  the  same  in  all  respects  as  if  the 
mother  had  complained  as  aforesaid.  If  found  chargeable,  he  shall 
be  ordered  to  give  security  to  save  the  town  harmless  from  the 
maintenance  of  such  child,  and  to  pay  all  costs  of  prosecution  and 
to  stand  committed  until  said  order  shall  be  performed. 

Sec  9.  When  any  town  is  a  party  to  such  prosecution  and  the 
party  accused  shall  be  found  not  chargeable,  he  shall  recover  his 
costs  against  such  town. 

Sec.  10.  If  any  person  committed  to  prison  by  virtue  of  this 
act,  is  poor  and  unable  to  pay  such  sum  or  to  procure  such  security 
as  may  be  ordered,  said  court  may  on  application  for  that   purpose 


CHAP.  G9. 


PUBLIC    INSTRUCTION. 


143 


discharge  such  person  from  imprisonment  at  such  time  and  upon 
such  terms  as  they  shall  think  expedient. 

Sec.  11.  Whenever  a  warrant  shall  be  issued  as  aforesaid  by  any 
justice,  and  the  person  charged  therein  shall  either  before  or  after 
the  issuing  thereof  escape  or  go  out  of  the  county,  the  sheriff  there- 
of or  his  deputy,  or  any  constable  of  the  town  to  whom  such  war- 
rant shall  be  directed,  may  pursue  such  person  and  apprehend  him 
in  any  county  in  this  State,  and  carry  him  before  any  justice  in 
and  for  the  county  in  which  he  was  so  apprehended,  for  examina- 
tion. 

Sec.  12.  If  it  shall  appear  to  said  justice  that  said  warrant  was 
duly  issued,  and  that  such  person  did  escape  or  go  out  from  such 
othei  county  as  aforesaid,  he  shall  issue  his  warrant  thereupon  di- 
rected to  such  sheriff,  deputy  or  constable,  commanding  such  offi- 
cer to  carry  such  person  before  some  justice  in  and  for  the  county 
from  which  he  has  so  escaped  or  gone  out,  for  trial,  and  that  such 
further  proceedings  may  be  had  thereon  as  the  law  requires. 


TITI.E  XI. 

OF  PUBLIC  INSTRUCTION. 


Chapter  69.  Of  the  creation  and  division  of  school  districts. 
Chapter  70.  Of  the  meetings  and  officers  of  school  districts. 
Chapter  71.   Of  school  houses. 

Chapter  72.   Of  the  assessment  and  apportionment  of  school  taxes. 
Chapter  73.  Of    the    regulation,    instruction   and   inspection   of 

schools. 
Chapter  74.  Of  schools  in  the  town  of  Portsmouth. 
Chapter  75.  Of  the  literary  fund. 


CHAPTER  69. 


OF  THE  CREATION  AND  DIVISION  OF  SCHOOL  DISTRICTS. 


Section 

1.  Town  to  be  divided  into  districts. 

2.  Limits  of  districts  defined  and  altered. 

3.  If  town  neglects,  to  be  done  by  select- 

men. 

4.  Selectmen  may  alter  in  certain  cases. 


Section 

5.  Town  not  divided,  liable  as  a  district. 

6.  Penalty  for  neglect  to  make  division. 

7.  District  divided,  property  appraised. 

8.  Allowance  to  be  made. 

y.  Districts  united,  school  house,  &c. 


144  SCHOOL    DISTRICTS.  [TITLE  XI. 

Section  1.  Every  town  shall  be  divided  by  metes  and  bounds 
into  so  many  districts  as  the  public  good  requires,  Avhich  shall  be 
distinguished  by  suitable  boundaries  and  include  all  the  territory  of 
the  town. 

Sec  2.  At  any  legal  meeting  for  that  purpose  such  division  may 
be  made  by  vote  of  the  town,  and  the  limits  of  such  districts  de- 
fined and  from  time  to  time  altered  as  convenience  may  require, 
a  record  of  which  shall  be  made. 

Sec.  3.  If  any  town  shall  neglect  so  to  divide  itself  into  school 
districts,  the  selectmen  on  application  in  writing  by  ten  legal  vo- 
ters shall  forthwith  divide  the  town  into  districts,  define  their 
boundaries  and  cause  a  record  thereof  to  be  made  by  the  town 
clerk  within  thirty  days  after  such  application.  The  town  of  New- 
ington  is  exempted  from  this  section. 

Sec.  4.  Any  town  not  divided  as  aforesaid  shall  be  considered, 
where  necessary,  as  one  district,  and  shall  be  entitled  to  all  the 
rights  and  subject  to  all  the  duties  and  liabilities  of  a  town  and  of 
a  district  respectively. 

Sec.  5.  If  the  selectmen  of  any  town  shall  neglect  for  six  months 
after  application  made,  to  make  a  division  as  aforesaid,  they  shall 
forfeit  a  sum  not  exceeding  one  hundred  dollars. 

Sec  G.  When  a  new  district  is  formed  from  one  or  more  dis- 
tricts, the  selectmen  upon  the  petition  of  a  majority  of  the  legal 
voters  of  such  new  district,  shall  appraise  all  the  property  belonging 
to  and  all  the  debts  due  by  each  district  so  divided. 

Sec  7.  If  the  property  exceed  the  debts,  the  selectmen  shall 
assess  upon  the  polls  and  ratable  estate  of  that  part  of  the  district 
retaining  such  property,  a  reasonable  sum  not  exceeding  the  pro- 
portion of  the  excess  which  the  polls  and  ratable  estates  of  the 
parts  of  the  district  so  divided  bear  to  each  other,  and  shall  assess 
and  collect  the  same  in  the  same  manner  as  school  house  taxes,  and 
cause  the  same  to  be  paid  over  and  applied  for  the  use  of  such  new 
district. 

Sec  8.  Two  or  more  contiguous  districts  in  adjoining  towns 
may,  upon  such  terms  as  they  shall  think  proper,  unite  in  the  sup- 
port of  schools  to  be  kept  from  year  to  year,  so  long  as  they  agree, 
within  either  of  such  towns  for  the  common  benefit  of  such  dis- 
tricts, and  it  shall  be  lawful  for  the  prudential  committees  of  such 
districts,  so  long  as  such  union  exists,  to  expend  in  the  support  of 
said  schools  the  proportions  of  school  money  assigned  to  their  re- 
spective districts  by  the  selectmen  of  their  respective  towns. 

Sec  9.  Each  of  the  districts  so  uniting  shall  maintain  its  sepa- 
rate organization,  and  may  raise  money  to  build,  repair,  alter,  re- 
move and  furnish  a  school  house  and  other  necessary  buildings  for 
their  common  use,  although  the  same  be  not  located  Avithin  the  dis- 
trict raising  the  money,  and  the  money  so  raised  shall  be  assessed 
and  collected  in  the  same  manner  as  though  it  had  been  raised  to 
build  a  school  house  within  such  district. 


CHAP.  70] 


MEETINGS    OF    SCHOOL    DISTRICTS. 


145 


CHAPTER   70. 

OF  THE  MEETINGS  AND  OFFICERS  OF  SCHOOL  DISTRICTS. 


Section 

7.  Officers  of  the  district. 

8.  Clerk  of  district,  his  duties. 

9.  Vacancies,  how  filled. 

10.  Prudential  committee,  duties. 

11.  "  "  maybe  removed. 


Section 

1.  District  may  sue,  hold  property,  «fec. 

2.  Execution  against  district,  how  levied. 

3.  Meetings,  how  and  when  holden. 

4.  Special  meetings  called. 

5.  Meetings  warned  by  selectmen. 

6.  Who  are  voters. 

Sectiox  1.  Every  school  district  shall  be  a  body  politic  and  cor- 
porate, and  may  sue  and  be  sued,  take,  hold,  manage  and  convey 
real  and  personal  property  for  the  nse  of  the  district,  and  make  and 
enforce  all  necessary  contracts  in  relation  thereto. 

Sec.  2.  When  an  execution  shall  issue  against  any  school  dis- 
trict, a  copy  thereof  shall  be  left  with  one  of  the  selectmen  of  the 
town,  and  the  selectmen  shall  assess  the  inhabitants  of  such  district 
in  a  sum  sufficient  to  satisfy  the  same,  and  shall  have  the  same 
authority  in  the  collection  thereof  that  they  now  have  in  the  col- 
lection of  town  taxes. 

Sec.  3.  There  shall  be  a  meeting  holden  annually  in  the  month 
of  March  in  each  school  district,  excepting  such  towns  as  shall  have 
adopted  the  provisions  of  the  chapter  relating  to  schools  in  Ports- 
mouth, and  the  prudential  committee  of  the  district  shall  warn  the  , 
same  by  posting  up  a  notice  signed  by  such  committee,  stating  the 
time,  place  and  purposes  of  the  meeting,  on  the  door  of  the  school 
house,  if  there  be  any  in  the  district,  otherwise  at  one  or  more  pub- 
lic places  in  the  district,  seven  days  at  least  prior  thereto. 

Sec  4.  Special  meetings  may  be  called  at  any  time  in  the  same 
manner,  except  for  raising  money  or  building  or  repairing  school 
houses,  in  which  case  the  notice  shall  be  posted  up  fifteen  days  prior 
to  the  meeting,  or  given  to  each  voter  in  hand  or  left  at  his  usual 
place  of  abode   at  least  ten  days  prior  thereto. 

Sec  5.  If  the  prudential  committee  shall  neglect  to  warn  any 
such  annual  meeting  by  posting  up  the  required  notice  prior  to  the 
fifteenth  day  of  March,  or  shall  neglect  for  the  space  of  ten  days 
after  application  made  in  writing  by  three  or  more  voters  of  the 
district  to  call  any  such  special  meeting,  the  selectmen  upon  a  like 
application  shall  call  such  annual  or  special  meeting,  by  causing  a 
like  notice  signed  by  them  to  be  posted  up  or  served  in  the  manner 
prescribed  in  the  two  preceding  sections. 

Sec  6.  Any  person  qualified  to  vote  in  town  aflairs,  may  vote 
at  any  district  meeting  in  the  district  in  which  he  resides  and  has 
his  home. 

Sec  7.  Tiie  officers  of  the  district  shall  be  a  moderator,  a  clerk 
and  a  prudential  committee  not  exceeding  three,  all  of  whom  shall 
19 


146 


SCHOOL    HOUSES. 


[title    XL 


be  legal  voters  in  the  district  and  shall  hold  their  offices  until  the 
next  annual  meeting,  or  until  others  are  duly  elected  and  qualified 
in  their  stead. 

Sec.  S.  The  clerk  before  entering  upon  the  duties  of  his  office 
shall  be  sworn  to  the  faithful  performance  thereof,  which  oath  may 
be  administered  by  the  moderator  and  shall  be  recorded.  The 
clerk  shall  keep  a  true  and  perfect  record  of  all  the  doings  of  each 
meeting,  which  shall  be  signed  by  him,  shall  deliver  to  the  select- 
men a  certified  copy  of  every  vote  to  raise  money  within  ten  days 
thereafter,  and  shall  make  and  certify  copies  of  any  record  when 
required  and  payment  therefor  tendered. 

Sec.  9.  If  any  vacancy  shall  occur  in  the  office  of  clerk  or  pru- 
dential committee  from  neglect  to  choose  or  any  other  cause,  the 
selectmen  upon  the  application  of  one  or  more  voters  in  such  dis- 
trict shall  fill  such  vacancy,  and  the  officers  thus  appointed  shall 
hold  their  offices  until  new  ones  are  legally  cliosen  and  qualified, 
and  shall  possess  all  the  powers  and  be  subject  to  all  the  duties 
incident  to  said  offices. 

Sec.  10.  It  shall  be  the  duty  of  the  prudential  committee  to 
select  and  hire  teachers  for  the  district,  provide  for  them  board, 
fiunish  necessary  fuel,  make  such  occasional  repairs  in  the  school 
house  and  furniture  as  may  be  necessary,  not  exceeding  in  amount 
five  per  cent,  of  the  school  money  for  the  district,  notify  the  super- 
intending school  committee  of  the  commencement  of  the  summer 
and  winter  school  and  give  them  all  such  information  and  assistance 
♦  as  may  be  necessary  for  the  performance  of  their  duties. 

Sec.  11.  If  any  member  of  the  prudential  committee  is  incom- 
petent or  irresponsible,  or  mismanages  the  aflairs  of  the  district, 
the  selectmen  on  the  petition  of  one  fourth  of  the  legal  voters 
of  the  district  may  dismiss  him  from  office,  and  cause  him  to  be 
notified  of  such  dismission  by  giving  to  him  in  hand  or  leaving 
at  his  usual  place  of  abode  in  such  district  a  written  notice  thereof. 


CHAPTER  71. 

OF  SCHOOL  HOUSES. 


Section 
L  School  houses,  erection,  &c. 

2.  If  voters  aggrieved,  remedy. 

3.  Proceedings  on  such  hearing. 

4.  Costs,  how  allowed. 

5.  If  district  do  not  agree  on  location. 


Section 

6.  If  district  destitute,  remedy. 

7.  If  lot  cannot  be  purchased,  remedy. 

8.  Proceedings  in  sucli  case. 

9.  Taxes,  how  assessed. 


Section  1.  At  any  meeting  legally  holden  for  the  purpose,  any 
district   may  vote    to    build,  purchase,  repair,  alter  or   remove  a 


CHAP.  71.]  SCHOOL    HOUSES.  147 

school  house  in  and  for  such  district  and  other  necessary  build- 
ings therefor,  and  to  furnish  the  same  with  all  necessary  apparatus 
and  furniture  for  the  use  of  the  school  therein  ;  may  decide  upon 
the  location  thereof  and  purchase  land  therefor  not  exceeding  half 
an  acre  ;  may  choose  committees  with  power  to  carry  said  votes 
into  effect,  and  may  raise  money  therefor. 

Sec.  2.  If  any  three  or  more  voters  in  such  district  are  aggrie- 
ved by  such  location,  they  may  apply  by  petition  to  the  selectmen 
who,  if  they  think  expedient,  shall  appoint  a  committee  of  three  or 
five  qualified  voters  of  the  town  not  resident  in  the  district,  to  ex- 
amine and  report  thereon. 

Sec.  3.  Said  committee  shall  appoint  a  time  and  place  of  hear- 
ing said  petition,  and  shall  notify  one  or  more  of  said  petitioners, 
and  also  the  prudential  committee  or  clerk  of  the  district,  thereof, 
and  after  such  hearing,  their  report  thereon  signed  by  them,  return- 
ed to  the  selectmen  and  recorded  in  the  books  of  the  town,  shall  be 
binding  upon  said  district  as  if  such  new  location  had  been  made 
by  a  vote  of  the  district. 

Sec  4.  If  such  location  is  changed,  costs  shall  be  taxed  by  the 
committee  in  favor  of  the  petitioners  for  the  reasonable  expenses 
of  the  committee  and  of  the  petitioners,  which  shall  be  paid  by  the 
district ;  if  the  location  is  not  changed,  the  expenses  of  the  com- 
mittee shall  be  paid  by  the  petitioners. 

Sec  5.  If  at  any  meeting  the  district  do  not  agree  upon  a  loca- 
tion for  a  school  house,  the  selectmen  upon  the  petition  of  three  or 
more  voters  in  the  district  shall  appoint  a  time  and  place  of  hear- 
ing thereon,  notify  one  or  more  of  the  petitioners  and  the  pruden- 
tial committee  or  clerk  of  the  district  thereof,  and  after  such  hear- 
ing their  report  designating  a  location,  which  shall  be  recorded  in 
the  books  of  the  town,  shall  be  binding  upon  such  district  as  if 
made  by  a  vote  thereof. 

Sec  G.  If  any  district  is  destitute  of  a  school  house,  or  suffers 
the  same  to  be  out  of  repair,  or  shall  be.  ordered  to  remove  or  fit  up 
the  same,  or  to  raise  any  sum  of  money  or  do  any  act  required  by 
law,  and  shall  neglect  so  to  build,  repair,  remove,  or  fit  up  such 
school  house,  or  raise  such  sum  or  do  such  act,  the  selectmen  upon 
the  petition  of  three  or  more  voters  resident  in  the  district,  stating 
such  facts,  may  assess  and  collect  such  •  sum  of  money  as  may  be 
necessary,  and  cause  such  house  to  be  built,  removed,  repaired  or 
fitted  up,  such  moneys  to  be  expended  and  such  orders  to  be  exe- 
cuted in  such  manner  as  they  shall  think  expedient. 

Sec.  7.  If  a  suitable  place  for  the  location  of  a  school  house  is 
designated  in  either  of  the  ways  aforesaid,  and  the  owner  shall  re- 
fuse to  sell  the  same  for  a  reasonable  price,  the  selectmen  upon 
petition  therefor  may  lay  out  said  lot  not  exceeding  one  eighth 
of  an  acre,  for  that  purpose,  and  appraise  the  damages  to  the  owner, 
and  the  proceedings  thereon  and  for  obtaining   increased  damages 


148 


SCHOOL    TAX. 


[title  XI. 


ill  case  the  owner  is  dissatisfied,  shall  he  the  same  as  in  case  of  a 
highway  laid  out  by  the  selectmen. 

Sec.  8.  A  record  of  the  doings  of  the  selectmen  shall  be  made 
by  them  in  the  books  of  the  town,  and  upon  payment  or  tender 
of  the  damages  so  assessed  by  the  selectmen,  the  land  so  laid  out 
shall  vest  in  said  district,  but  shall  revert  to  the  owner  whenever 
the  district  shall  vote  to  discontinue  the  use  thereof,  or  shall  neglect 
to  use  the  same  for  two  years  successively. 

Sec.  9,  For  the  purposes  aforesaid  every  person  shall  be  taxed 
in  the  district  in  which  he  lives,  for  his  poll  and  all  the  personal 
estate  which  he  holds  in  the  town,  and  all  real  estate  in  the  town 
shall  be  taxed  in  the  district  in  which  it  is. 


CHAPTER  73. 


OF  ASSESSMENT  AND  APPORTIONMENT  OF  THE  SCHOOL  TAX. 


Section 

1.  School  tax,  amount  and  assessment. 

2.  Town  may  raise  more  money. 

3.  Appropriation  of  money. 

4.  Money  to  be  assigned. 


Section 

5.  Neglect  of  selectmen,  penalty. 

6.  "  committee,  penalty. 

7.  School,  where  to  be  kept. 

8.  Portsmouth,  t&c,  excepted. 


Section  1.  The  selectmen  of  each  town  shall  assess  annually 
upon  the  polls  and  ratable  estate  by  law  taxable  therein,  a  sum  to 
be  computed  at  the  rate  of  one  hundred  dollars  for  every  dollar 
of  the  public  taxes  apportioned  to  such  town,  and  so  for  a  greater 
or  less  sum. 

Sec.  2.  The  town  at  any  legal  meeting  for  the  purpose  may  raise 
a  sum  exceeding  the  amount  aforesaid,  which  shall  be  assessed  in 
the  same  manner. 

Sec.  3.  Such  sum  when  collected  shall  be  appropriated  to  the 
sole  purpose  of  keeping  an  English  school  or  schools  within  such 
town  for  teaching  reading,  writing,  English  grammar,  arithmetic, 
geography,  together  with  such  other  branches  of  English  education 
as  are  adapted  to  the  advancement  of  the  school,  including  the  pur- 
chase of  necessary  fuel  for  the  school  and  occasional  repairs  as 
specified  in  this  title. 

Sec  4.  The  selectmen  shall  assign  to  each  district  a  proportion 
of  the  money  thus  assessed,  according  to  the  valuation  of  the  dis- 
trict for  the  year  or  in  such  other  manner  as  the  town  at  the  annual 
meeting  shall  direct,  and  shall  pay  over  the  same  to  the  prudential 
committee  of  the  district. 

Sec  5.  If  the  selectmen  of  any  town  neglect  to  assess,  or  assign 
or  pay  over  the  school  money  as  aforesaid,  they  shall  forfeit  and 
pay  for  each  neglect  a  sum  equal  to  that  so  neglected  to  be  assessed, 


CHAP.  73.] 


REGULATION  OF  SCHOOLS. 


149 


or  assigned  or  paid  over,  which  shall  be  for  the  use  of  the  district 
aggrieved  thereby,  and  may  be  recovered  by  action  of  debt  in  the 
name  of  snch  district  by  the  prudential  committee. 

Sec.  6.  If  the  money  so  assigned  and  paid  over  to  the  prudential 
committee  of  any  district,  shall  be  by  him  not  expended  according 
to  law,  he  shall  forfeit  for  each  otience  a  sum  not  less  than  the 
sum  so  unexpended  or  not  expended  legally,  and  not  exceeding 
twice  said  sum,  to  be  recovered  by  indictment  or  by  information ; 
the  cost  to  be  paid  to  the  county  treasurer  and  the  penalty  to  be 
paid  to  the  selectmen  for  the  use  of  the  district. 

Sec.  7.  It  shall  be  unlawful  to  keep  a  district  school  in  any  other 
place  than  in  the  school  house  belonging  to  the  district,  unless  there 
be  no  school  house,  or  the  school  house  be  out  of  repair  or  not  of 
sufficient  size  to  accommodate  the  scholars ;  in  which  cases  the 
prudential  committee  may,  with  the  consent  and  approbation  of  the 
selectmen,  provide  suitable  rooms  and  conveniences  for  the  use  of 
the  school  at  the  expense  of  the  district. 

Sec.  8.  The  town  of  Portsmouth  and  such  other  towns  as  legally 
adopt  the  provisions  of  the  chapter  of  this  title  made  for  the  town 
of  Portsmouth,  are  exempted  from  the  operation  of  the  foregoing 
provisions  so  far  as  the  same  relate  to  the  mode  of  appropriation 
and  expenditure  of  said  school  money. 


CHAPTER  73. 

OF  THE  REGULATION,  INSTRUCTION  AND  INSPECTION  OF 
SCHOOLS. 


Section 

1.  Superintending  commiUee  appointed. 

2.  Duties  of  such  committee. 

3.  To  dismiss  teachers  incompetent. 

4.  To  dismiss  disobedient  scholars. 

5.  Inspection  of  schools  dispensed  with. 

6.  Scholars  may  be  classified. 

7.  Where  scholars  may  attend  school. 

8.  Masters  to  be  examined. 


Section 

9.  Mistresses  to  be  examined. 
10.  Not  to  be  paid,  unless,  &c. 
IL  Class  books,  how  determined. 

12.  Sectarian  books  prohibited. 

13.  Poor  children  to  be  furnished. 

14.  Report  of  superintending  committee, 

15.  Compensation  of  committee. 

16.  Virtues  to  be  inculcated. 


Section  1.  Each  town  shall  annually  in  the  month  of  March 
elect  by  ballot  a  superintending  school  committee  consisting  of  not 
less  than  three,  nor  more  than  five  persons ;  and  whenever  any 
town  shall  neglect  to  choose  such  committee  as  aforesaid,  the 
selectmen  shall  before  the  twentieth  of  April  appoint  said  com- 
mittee. 

Sec  2.  It  shall  be  the  duty  of  said  committee  to  examine  every 
person  pro|x»sing  to  teach  any  district  school  in  such  town ;  to  visit 


150  IIEGULATION    OF    SCHOOLS.  ..[hTLEXI. 

and  inspect  every  school  at  least  twice  in  each  year;  to  inquire 
into  the  regulation  and  discipline  thereof  and  suggest  any  necessary 
alterations ;  to  examine  the  proficiency  of  the  scholars  and  to  use 
their  influence  that  all  the  youth  of  each  district  attend  and  profit 
by  the  school  therein. 

Sec.  3.  Such  committee  upon  a  petition  of  a  majority  of  the 
legal  voters  in  any  district  shall  dismiss  the  teacher  in  such  district, 
and  shall  dismiss  every  teacher  who  is  unfit  to  teach,  notwithstand- 
ing a  certificate  has  been  given,  and  such  teacher  shall  be  entitled 
to  compensation  until  such  dismission,  but  no  longer. 

Sec  4.  Such  committee  may  upon  application  of  the  teacher  or 
any  inhabitant  of  the  district,  dismiss  any  scholar  from  the  school 
who  Avill  not  conform  to  the  reasonable  regulations  of  the  school ; 
and  it  shall  be  unlawful  for  such  scholar  to  return  to  or  remain  in 
said  school  until  restored  by  the  teacher  or  by  the  superintending 
school  committee. 

Sec.  5.  Any  town  at  its  annual  meeting,  or  at  any  adjournment 
thereof,  or  at  any  meeting  specially  called  for  that  purpose,  may 
vote  to  dispense  with  the  services  of  the  superintending  school 
committee  so  far  as  relates  to  the  examination  and  inspection  of 
schools. 

Sec  6.  When  the  number  of  scholars  in  any  district  amounts  to 
fifty  or  more,  such  district  at  a  meeting  legally  holden  for  that 
])urpose,  by  a  vote  of  three  fourths  of  the  legal  voters  present  may 
divide  said  scholars  into  two  or  more  divisions  according  to  age,  or 
acquirements  or  both,  and  may  direct  under  what  teacher  each 
division  shall  be  instructed. 

Sec  7.  No  person  shall  have  a  right  to  send  to  or  receive  any 
benefit  from  any  school  in  a  district  in  which  he  is  not  a  resident, 
without  the  consent  of  such  district. 

Sec  8.  No  person  shall  be  employed  as  a  school  master  unless 
he  is  a  citizen  of  the  United  States,  and  shall  produce  a  certificate 
from  the  superintending  school  committee  of  the  town  Avhere  such 
school  is  to  be  kept,  that  he  is  well  qualified  to  instruct  youth  in 
the  various  branches  required  to  be  taught  in  an  English  school  in 
this  State,  and  produce  satisfactory  evidence  of  his  good  moral 
character. 

Sec  9.  No  person  shall  be  employed  as  a  school  mistress  unless 
she  shall  produce  a  certificate  from  the  superintending  school  com- 
mittee of  the  town  where  the  school  is  to  be  kept,  that  she  is  suita- 
bly qualified  to  teach  the  English  language  grammatically  and  the 
rudiments  of  arithmetic  and  geography,  and  shall  produce  satisfac- 
tory evidence  of  her  good  moral  character. 

Sec.  10.  The  district  shall  be  liable  for  the  wages  of  the  teacher 
and  for  all  contracts  lawfully  made  by  the  prudential  committee  ; 
but  no  person  shall  receive  any  compensation  for  teaching  a  district 
school  without  producing  to  the  prudential  committee  the  certifi- 
cate by  this  chapter  required. 


^ 


CHAP.  73.]  REGULATION    OF    SCHOOLS.  151 

Sec.  11.  The  superintending  school  committee  shall  determine 
and  direct  the  class  books  to  be  used  in  the  district  schools  of  the 
town,  and  the  parents,  masters  or  guardians  of  the  scholars  attend- 
ing such  schools,  shall  supply  said  scholars  with  the  books  so  direct- 
ed to  be  used. 

Sec.  12.  No  book  shall  be  directed  to  be  used  as  a  school  book, 
which  is  calculated  to  favor  any  particular  religious  or  political  sect 
or  tenet. 

Sec.  13.  If  any  poor  child  attending  any  district  school  is  desti- 
tute of  necessary  class  books,  the  selectmen  shall  provide  such 
books  at  the  expense  of  the  town  upon  application  therefor. 

Sec.  14.  The  superintending  school  committee  shall  make  out 
annually  a  report,  and  present  the  same  to  the  town  at  its  annual 
meeting,  stating  the  number  of  weeks  which  the  public  schools 
have  been  kept  in  each  district  in  summer  and  in  winter,  and  what 
portion  thereof  has  been  kept  by  male  and  what  portion  by  female 
teachers ;  the  whole  number  of  scholars  that  have  attended  each 
school ;  the  progress  made  in  each  school  in  the  various  branches 
of  learning  ;  the  number  of  children  between  the  ages  of  four  and 
fourteen  years  in  each  district  that  have  not  attended  school  therein  ; 
and  the  number  of  persons  in  each  district  between  the  ages  of 
fourteen  and  twenty-one  years  who  cannot  read  and  write,  with 
such  suggestions  as  may  be  useful  upon  the  management  of  schools 
and  the  subject  of  education. 

Sec  15.  Such  committee  shall  receive  from  the  town  a  reason- 
able compensation  for  all  services  required  by  law  to  be  performed 
by  them. 

Sec.  16.  It  shall  be  the  duty  of  all  persons  entrusted  with  or 
engaged  in  the  instruction  of  the  young,  diligently  to  impress  upon 
their  minds  the  principles  of  piety  and  justice  ;  a  sacred  regard  to 
truth,  love  of  country,  humanity  and  benevolence  ;  sobriety,  indus- 
try and  frugality ;  chastity,  moderation  and  temperance  ;  and  all 
other  virtues  which  are  the  ornament  and  support  of  human  society; 
and  to  endeavor  to  lead  them  into  a  particular  understanding  of  the 
tendency  of  all  such  virtues  to  preserve  and  perfect  a  republican 
form  of  government,  to  secure  the  blessings  of  liberty  and  to  pro- 
mote their  future  happiness,  and  the  tendency  of  the  opposite  vices 
to  degradation,  ruin  and  slavery. 


152 


SCHOOLS     IN    PORTSMOUTH. 


[title  XI. 


CHAPTER  74. 


OF  SCHOOLS  IN  THE  TOWN  OF  PORTSMOUTH. 


Section 

1.  High  schools  to  be  kept. 

2.  Prudential  committee,  how  chosen. 

3.  "  "  duties. 

4.  To  have  charge  of  high  schools. 

5.  To  provide  teachers,  &c. 

6.  Vacancies,  how  filled. 

7.  Report  to  be  made. 

8.  Scholars  for  high  schools  selected. 


Section 
9.  Qualifications  of  teachers. 

10.  Class  books,  how  determined. 

11.  Money,  how  apportioned. 

12.  Town  may  raise  more  money. 

13.  Neglect  of  selectmen  to  assess,  i&x;.. 

penalty. 

14.  General  school  laws  in  force. 

15.  Any  town  may  adopt. 


Section  1.  There  shall  be  kept  and  maintained  in  the  town  of 
Portsmouth,  in  addition  to  the  district  schools,  at  least  two  high 
schools,  one  for  males  and  the  other  for  females,  in  which  shall  be 
taught  all  the  branches  usually  taught  in  an  English  grammar  school 
with  such  additional  branches  as  the  town  may  direct. 

Sec.  2.  The  prudential  committee  of  each  district  shall  consist 
of  three  or  more  persons,  to  be  chosen  by  ballot  by  the  district,  the 
first  named  of  whom  shall  be  chairman,  and  to  hold  their  office 
until  the  next  annual  meeting  and  until  others  are  chosen  and 
qualified  in  their  stead. 

Sec.  3.  They  shall  perform  all  the  duties  of  the  superintending 
school  committee  as  well  as  of  a  prudential  committee,  except  as 
is  hereinafter  specified ;  and  shall  determine  and  direct  what  class 
books  shall  be  used  in  their  respective  district  schools,  which  shall 
be  furnished  by  the  parents,  master  or  guardian  of  any  child  attend- 
ing said  school. 

Sec.  4.  The  several  chairmen  of  the  prudential  committees  shall 
constitute  a  board  for  the  superintendence  of  the  high  schools  afore- 
said, to  be  called  the  high  school  committee. 

Sec  5.  They  shall  examine  and  contract  with  the  teachers  of 
the  high  schools,  fix  and  pay  their  salaries,  provide  all  necessary 
fuel  and  apparatus  for  the  schools,  receive  and  appropriate  the  mo- 
ney assigned  to  such  schools,  regulate  the  admission  of  scholars, 
prescribe  the  class  books  to  be  used  and  transact  all  other  business 
relating  to  the  government  of  said  schools. 

Sec  6.  If  there  shall  be  a  vacancy  in  either  of  said  committees 
either  from  neglect  to  choose  or  any  other  cause,  the  selectmen  shall 
immediately  fill  such  vacancy. 

Sec  7.  Each  prudential  committee  and  the  high  school  commit- 
tee shall  annually,  on  or  before  the  first  day  of  March,  make  a 
report  of  their  doings  to  the  selectmen  containing  an  account  of 
their  receipts  and  expenditures  for  the  year,  the  number  of  schools 
under  their  control,  the  number  of  pupils  of  each  sex  belonging  to 
each  school,  the  average  num.bcr  of  each  sex  attending  school,  their 


CHAP.  74.]  SCHOOLS    IN    PORTSMOUTH.  158 

ages,  the  various  branches  of  study  taught  in  "each  school,  and  the 
number  of  scholars  in  each  branch  and  such  other  matters  as  may 
serve  to  present  a  general  view  of  the  condition  of  each  school  ; 
and  the  selectmen  shall  lay  such  reports  before  the  town  at  its 
annual  meeting. 

Sec.  8.  Said  high  schools  shall  be  for  the  common  benefit  of  all 
the  districts  of  said  town,  and  each  district  may  send  an  equal  pro- 
portion of  scholars  possessing  the  requisite  qualifications,  to  each  of 
the  high  schools,  under  such  regulations  as  may  from  time  to  time 
be  established  by  the  high  school  committee,  and  this  proportion 
shall  be  determined  as  nearly  as  may  be  by  the  number  of  pupils 
attending  school  in  each  district. 

Sec.  9.  No  person  shall  be  employed  as  a  teacher  in  either  of  said 
high  schools  who  is  not  qualified  to  teach  English  grammar,  book- 
keeping, geometry,  smveying,  navigation,  mensuration,  algebra, 
astronomy  and  natural  history,  besides  the  qualifications  required  of 
teachers  of  district  schools.  The  town  or  the  high  school  com- 
mittee may  require  such  additional  qualifications  as  they  shall  think 
expedient. 

Sec.  10.  The  high  school  committee  shall  determine  and  direct 
what  class  books  shall  be  used  in  the  several  high  schools,  which 
shall  be  furnished  by  the  parents,  master  or  guardian  of  every  child 
attending  said  school. 

Sec.  11.  The  selectmen  shall  annually  assign  and  pay  over  to 
the  high  school  committee  such  portion  of  the  school  money  as 
they  shall  think  sulficient  for  the  support  of  said  schools,  or  as  the 
town  shall  direct,  and  shall  assign  and  pay  over  the  balance  to  the 
several  district  committees  as  nearly  as  may  be  in  proportion  to 
the  number  of  scholars  in  each  district  respectively. 

Sec  12.  Said  town  at  its  annual  meeting  or  at  any  meeting 
called  for  that  purpose,  shall  raise  so  much  money  as  is  necessary 
for  erecting,  enlarging,  repairing,  purchasing,  removing  or  hiring 
school  houses  and  other  buildings  for  the  accommodation  of  the 
schools  therein,  with  necessary  furniture  and  apparatus,  and  the 
selectmen  shall  assess  such  sum  upon  the  polls  and  ratable  estates 
within  the  town,  and  shall  cause  the  same  to  be  collected  like  other 
town  taxes  and  shall  appropriate  the  same  for  the  purposes  for  which 
it  was  raised. 

Sec  13.  If  the  selectmen  shall  neglect  to  assess,  collect,  appor- 
tion, pay  over  or  appropriate  any  sum  of  money  in  the  manner  pre- 
scribed by  law,  or  if  either  of  the  committees  aforesaid  shall  ne- 
glect so  to  appropriate  or  shall  misapppropriate  the  same,  the  person 
so  offending  shall  be  liable  to  the  same  penalty  provided  in  case  of 
neglect  of  selectmen  to  assess  and  apportion  school  money. 

Sec  14.  All  the  provisions  contained  in  the  general  laws  of  this 
State  relating  to  schools,  shall  be  in  force  in  the  town  of  Portsmouth, 
except  so  far  as  the  same  are  herein  modified  or  rescinded. 

vSec  15.  Any  town  at  its  annual  meeting  or  at  any  meeting 
20 


154 


LITERARY    FUND, 


[title    XI. 


lawfully  called  for  the  purpose,  may  adopt  the  provisions  of  this 
chapter,  which  shall  then  extend  and  apply  to  such  town  as  fully 
as  to  the  town  of  Portsmouth, 


CHAPTER  75. 


OF  THE  LITERARY  FUND. 


Section 

1.  Literary  fund  established. 

2.  Board  of  commissioners. 

3.  Amount  of  capital  determined. 

4.  Distribution  to  towns  annually. 


Section 

5.  Unincorporated  places  excepted. 

6.  Money,  how  to  be  expended. 

7.  If  expended  otherwise,  penalty. 


Section  1.  Every  banking  corporation  in  this  State  shall  pay  to 
the  treasurer  of  the  State  on  or  before  the  second  Wednesday  of 
June  annually,  one  half  of  one  per  cent,  on  the  amount  of  the  ac- 
tual capital  stock  of  the  bank  at  that  time.  The  sums  so  paid  shall 
constitute  a  fund  to  be  called  the  literary  fund,  and  shall  be  kept 
and  accounted  for  by  the  treasurer. 

Sec.  2.  The  governor,  secretary  and  treasurer  of  the  State  for  the 
time  being  shall  constitute  a  board  of  commissioners  to  manage  said 
fund. 

Sec  3.  If  any  dispute  shall  arise  respecting  the  amount  of  the 
capital  stock  of  any  bank,  the  same  for  the  purposes  of  this  chap- 
ter shall  be  determined  by  said  commissioners. 

Sec.  4.  The  treasurer  of  the  State  shall  assign  and  distribute  in 
the  month  of  June  annually  all  sums  so  received  by  him,  among 
the  several  towns  and  places  in  the  State  according  to  the  then 
existing  apportionment  of  the  public  taxes. 

Sec  5.  No  unincorporated  place  shall  receive  such  proportion 
until  a  treasurer  or  school  agent  shall  have  been  chosen  to  receive 
and  appropriate  the  same  in  the  manner  hereinafter  directed. 

Sec  6.  The  money  received  by  any  town  or  place  as  aforesaid, 
shall  be  applied  to  the  maintenance  of  common  schools  or  to  other 
purposes  of  education,  in  addition  to  the  sums  required  to  be  raised 
by  law,  and  in  such  manner  as  the  town  shall  direct. 

Sec  7.  If  any  town  or  incorporated  place  or  the  agent  of  any 
unincorporated  place  shall  apply  any  sum  of  money  so  received,  to 
any  other  purpose  than  as  aforesaid,  the  town,  place  or  agent  so 
offending  shall  forfeit  and  pay  double  the  sum  so  misapplied,  to  be 
recovered  by  indictment  for  the  use  of  the  county. 


CHAP.  70. 


MILITIA EXEMPTIONS. 


155 


TITLE    XII. 

OF    THE   MILITIA. 


Chapter  76.  Of  exemptions. 

Chapter  77.  Of  enrolments. 

Chapter  78.   Of  warnings. 

Chapter  79.  Of  uniform  and  equipments. 

Chapter  80.   Of   fines    for     non-appearance 

equipments. 
Chapter  81.  Of  excuses  and  certificates  of  disability. 
Chapter  82.  Of  distress  for  fines. 
Chapter  83.   Of  pay  and  rations. 
Chapter  84.  Of  companies  and  enlistments. 
Chapter  85.  Of  ordnance  and  gun  houses. 
Chapter  86.  Of  state  arms,  furnished  by  the  State. 
Chapter  87.  Of  trainings  and  regimental  musters. 
Chapter  88.  Of  returns. 
Chapter  89.  Of  orderly  books  and  rosters. 
Chapter  90.  Of  instruction  of  officers  and  musicians. 
Chapter  91.  Of  detachments  for  actual  service. 
Chapter  92.  Of  regiments,  brigades  and  divisions. 
Chapter  93.   Of  officers. 
Chapter  94.  Of  the  adjutant  general. 
Chapter  95.  Of  the  commissary  general. 
Chapter  96.   Of  courts  martial. 
Chapter  97.   Of  courts  of  inquiry. 
Chapter  98.  Of  incorporation  of  military  companies. 


and    deficiencies   of 


CHAPTER  76. 


OF  EXEMPTIONS. 


Section 

1.  Absolute  exempts. 

2.  Conditional  exempts. 


Section 
3.  Money  received  of  exempts. 


Section  1.  The  following  persons  are  exempted  from  military 
duty :  the  vice  president  of  the  United  States  ;  the  officers  judi- 
cial and  executive  of  the  government  of  the  United  States ;  mem- 
bers and  officers  of  both  houses  of  congress ;  all  custom  house 
officers  and  their  clerks ;  all  post  officers  and  stage  drivers  who  are 
employed  in  the  care  and  conveyance  of  the  mail  of  the  United 
Stales  ;  all   ferrymen  necessarily  employed  at  any  ferry  on  any 


156  EXEMPTIONS.  [title  XII. 

post  road ;  all  inspectors  of  exports ;  all  pilots ;  all  mariners  actu- 
ally employed  in  the  sea  service  of  any  citizen  or  merchant  within 
the  United  States  ;  the  members  and  officers  of  the  legislature 
while  in  session;  all  persons  who, having  held  commissions  in  the 
army  or  navy  of  the  United  States  or  in  the  militia  of  any  state  for 
the  term  of  four  years,  shall  have  been  regularly  discharged  or 
superseded ;  all  persons  who,  having  held  a  warrant  as  drum  or  fife 
major,  shall  have  done  duty  as  such  for  the  term  of  four  years ; 
fire  enginemen  or  hosemen  who  shall  on  or  before  the  twentieth 
day  of  April  annually  produce  to  the  commanding  officer  of  the 
company  within  whose  limits  they  reside,  a  certificate  of  the  fire- 
wards  that  they  have  been  legally  appointed  and  are  bound  to  per- 
form the  duty  of  enginemen  or  hosemen  :  clergymen  of  every 
religious  denomination  ;  every  person  of  the  religious  denomina- 
tions of  Quakers  and  Shakers,  who  shall  on  or  before  the  twen- 
tieth day  of  April  annually  produce  to  the  commanding  officer  of 
the  company  within  whose  limits  he  shall  reside,  a  certificate  signed 
by  two  or  more  of  the  elders  or  overseers  and  the  clerk  of  the 
meeting  or  society  with  which  he  meets  for  worship,  in  substance 
as  follows : 

We,  the  subscribers,  elders  (or  overseers  as  the  case  may  be)  of 
the  meeting  of  the  society  of  do  hereby  certify  that 

frequently  and  usually  attends  with  said  society  for  public  worship, 
is  a  regular  member  thereof,  and  we  believe  he  is  conscientiously 
scrupulous  of  bearing  arms. 

A.B.I  Elders  (or 


D^:} 


E.  P.,  Clerk.  C.  D.  5  Overseers., 

Sec.  2.  The  following  persons  are  conditionally  exempted  from 
military  duty,  namely :  the  members  of  the  executive  council ; 
judges  and  clerks  of  all  courts  of  record ;  judges  and  registers  of 
probate  ;  registers  of  deeds  ;  the  attorney  general ;  the  secretary 
and  treasurer  of  the  State  ;  physicians  and  surgeons  on  whom  has 
been  conferred  the  degree  of  doctor  of  medicine,  or  who  shall  be 
recommended  by  any  regular  medical  society  ;  persons  who  having 
held  a  commission  in  the  army  or  navy  of  the  United  States  or  in 
the  militia  of  any  state  for  a  less  term  than  four  years,  shall  have 
been  regularly  discharged ;  provided  that  each  of  the  foregoing 
persons  shall  annually  pay  into  the  town  treasury  of  the  town  in 
which  he  resides,  the  sum  of  two  dollars,  and  on  or  before  the 
twentieth  day  of  April  in  each  year  produce  to  the  commanding 
officer  of  the  company  within  whose  limits  he  may  reside,  a  certi- 
ficate of  such  payment  signed  by  the  town  treasurer  or  selectman 
receiving  such  payment,  which  he  is  hereby  required  to  give  ;  every 
person  conscientiously  scrupulous  of  bearing  arms,  who  shall  annu- 
ally pay  into  the  treasury  of  the  town  or  place  where  he  may  re- 
side, the  sum  of  three  dollars,  and  shall  on  or  before  the  twentieth 
day  of  A])ril  in  each  year  produce  to  the  commanding  officer  of  the 


CilAi 


ENROLMENTS. 


157 


company  within  whose  limits  he  may  reside,  a  certificate  of  such 
payment  signed  by  the  treasnrer  or  selectman  receiving  the  same, 
which  they  are  hereby  required  to  give. 

Persons  between  the  ages  of  forty  and  forty-fiv^e  years  shall  be 
enrolled  as  conditional  exempts,  but  shall  not  be  liable  to  do  mili- 
tary duty,  unless  in  cases  of  invasion  or  insurrection  when  the  mili- 
tia shall  be  ordered  out  by  the  commander  in  chief. 

Sec.  3.  All  money  received  by  the  selectmen  or  town  treasurer 
from  conditional  exempts,  shall  be  retained  by  them  for  the  use 
of  the  town. 


CHAPTER  7r. 


OF  ENROLMENTS. 


Section 

1.  Persons  liable  to  do  duty. 

2.  Students  at  literary  inatitutions. 

3.  Captains  to  enrol. 

4.  Captains  to  revise  rolls. 

5.  Orderly  sergeant  to  assist. 

6.  Persons  to  give  name  and  age. 


Section 

7    Names   and  ages  of  boarders  to  be 
given. 

8.  Companies  without  officers,  how  en- 

rolled. 

9.  Companies  to  be  assessed. 

10.  Money  assessed,  how  applied. 


Section  1.  Every  free,  able  bodied,  white  male  citizen  of  this 
State  resident  therein,  of  the  age  of  eighteen  years  and  under  the 
age  of  forty-five  years,  imless  by  law  exempted,  shall  be  liable  to 
do  military  duty  in  the  company  within  whose  limits  he  may  reside 
or  into  which  he  may  have  enlisted. 

Sec.  2.  Residence  in  any  town  merely  for  the  purpose  of  obtain- 
ing an  education  at  any  literary  institution,  shall  not  subject  the 
.person  so  residing  to  do  military  duty  in  such  town. 

Sec  3.  Every  captain  of  infantry  shall  enrol  every  person  by 
law  liable  to  do  military  duty,  who  shall  reside  within  the  bounds 
of  his  company :  the  insertion  of  the  name  of  such  person  in  any 
company  orders  or  its  annexation  thereto  shall  in  all  cases  be  evi- 
dence that  such  person  is  duly  enrolled. 

Sec  4.  The  captain  shall  annually  revise  the  roll  of  his  compa- 
ny in  the  month  of  April,  and  correct  the  same  from  time  to  time 
as  the  alterations  in  his  company  shall  require. 

Sec  5.  The  orderly  sergeant  shall  assist  the  commanding  officer 
in  enrolUiig  such  persons  as  may  from  time  to  time  be  liable  to  do 
military  duty  in  his  company,  and  in  revising  and  correcting  his 
roll,  and  shall  enter  such  enrolment  on  the  roll  books  of  the  com- 
pany. 

Sec  6.  If  any  person  when  applied  to  by  the  captain  or  any 
officer  of  the  company  within  whose  limits  he  resides,  shall  neglect 


158  WARNINGS.  [title  XII. 

or  refuse  to  give  information  or  shall  give  false  answer^  in  relation 
to  his  name  or  age  with  intent  to  discharge  himself  from  perform- 
ing military  duty,  he  shall  forfeit  five  dollars  for  each  offence.  If 
such  person  is  a  minor,  his  parent  or  guardian  shall  be  liable  for 
such  forfeiture. 

Sec.  7.  If  any  person  when  applied  to  by  any  officer  of  the 
company  within  whose  limits  he  resides,  shall  neglect  or  refuse  to 
give  information  or  shall  give  any  false  information,  in  relation  to 
the  name  of  any  person  liable  to  do  military  duty  residing  in  his 
house  or  family,  he  shall  forfeit  the  sum  of  five  dollars. 

Sec.  8.  Where  any  company  is  without  officers  and  suitable 
persons  shall  not  be  found  by  the  field  officers  willing  to  accept 
commissions,  they  shall  appoint  some  suitable  person  to  enrol  all 
persons  liable  to  do  duty  in  such  company. 

Sec.  9.  Such  roll  shall  be  returned  to  the  selectmen  of  the  town 
in  which  the  persons  enrolled  reside,  Avho  shall  assess  on  each  the 
sum  of  three  dollars  annually  so  long  as  such  company  is  unorgan- 
ized, and  issue  their  warrants  therefor  to  the  collector  who  shall 
collect  the  same  as  other  taxes  are  collected,  and  pay  the  same  to 
the  selectmen. 

Sec  10.  One  half  of  the  money  so  collected  shall  be  paid  to  the 
state  treasurer  and  the  residue  to  the  selectmen  for  the  use  of  the 
town. 


CHAPTER  78. 

OF  WARNINGS. 


Section 

1.  Captains  to  issue  orders. 

2.  Privates,  how  warned. 

3.  Return  of  warning,  how  made. 

4.  Return  may  be  amended. 


Section 

5.  False  return,  how  punished. 

6.  Refusal  to  warn,  penalty. 

7.  Verbal  notice  on  parade. 

8.  Refusal  to  make  return,  penalty. 


Section  1.  Whenever  the  captain  shall  parade  his  company,  he 
shall  issue  his  orders  to  one  or  more  of  the  sergeants,  if  any,  not 
being  the  orderly  sergeant,  otherwise  to  one  or  more  privates  of  his 
company,  requiring  them  to  Avarn  the  officers  and  privates  whose 
names  are  inserted  in  or  annexed  to  the  orders,  to  appear  at  the 
time  and  place  appointed. 

Sec  2.  Such  sergeant  or  private  shall  warn  every  person  whose 
name  is  so  inserted,  by  delivering  to  him  in  person  or  leaving  at 
his  usual  place  of  abode  a  written  or  printed  order  at  least  four 
days  previous  to  the  time  of  such  parade. 

Sec  3.  The  return  under  oath  of  the  sergeant  or  private  upon 
the  order  directed  to  him,  stating  that  such  notice  was  given,  or  a 


CHAP.  79] 


UNIFORM    AND     CQUIP.MEiNTS. 


159 


copy  of  the  record  of  such  order  and  return  in  tlie  company  books 
certified  by  the  clerk,  sliall  be  evidence  that  due  notice  was  given 
of  enrohiient  and  of  such  parade. 

Sec.  4.  Such  return  or  record  may  be  amended  by  such  sergeant, 
private  or  clerk  respectively  at  any  time,  so  that  all  the  facts  may 
appear. 

Sec.  5.  Any  sergeant  or  private  who  shall  be  convicted  of  making 
a  false  return,  shall  be  liable  to  the  punishment  prescribed  in  other 
cases  of  perjury. 

Sec.  6.  If  any  sergeant  or  private  shall  neglect  or  refuse  to  warn 
any  officer  or  private  whom  he  shall  be  ordered  to  warn,  he  shall 
forfeit  the  sum  of  two  dollars  for  each  person  not  warned. 

Sec.  7.  The  captain  may  verbally  warn  his  company  when  pa- 
raded, to  appear  on  some  day  not  more  than  thirty  days  after,  and 
a  record  of  such  warning  and  of  the  names  of  the  officers  and  pri- 
vates then  present  being  made  in  the  orderly  book  of  the  company 
and  signed  by  the  captain  and  clerk,  said  record  or  a  certified  copy 
shall  be  evidence  of  due  notice  to  all  then  present. 

Sec  S.  If  any  sergeant  or  private  shall  refuse  or  neglect  to  make 
due  return  under  oath  of  any  order  to  him  directed,  agreeably  to 
such  order,  he  shall  forfeit  two  dollars  for  each  person  whose  name 
is  inserted  in  or  annexed  to  such  orders  and  who  shall  not  appear  at 
such  parade,  to  be  recovered  by  action  of  debt  by  the  captain ;  but 
the  captain  for  good  cause  shown  within  fifteen  days  may  excuse 
him. 


CHAPTER   79. 


OF  UNIFORM  AND  EQUIPMENTS. 


Section 

1.  Uniform,  how  determined. 

2.  Equipments  of  field  and  staff  officers. 


3. 

of  captains  and  subalterns. 

4. 

5. 
6. 

of  infantry  and  grenadiers. 

of  cavalry. 

riflemen. 

7. 

artillery. 

Section 
8.  Soldiers  to   be  constantly  furnished 

with  arms. 
0.  Minors,  how  furnished. 

10.  Persons  unable,  who  deemed  to  be. 

11.  "  "         selectmen  to  provide. 

12.  Uniform,  «fec.,  exempt  from  attach- 
ment. 

Section  1.  The  color  and  fashion  of  the  uniform  of  the  officers 
and  soldiers  of  the  infantry  shall  be  determined  by  the  commander 
in  chief;  that  of  the  several  companies  of  cavalry,  artillery,  light 
infantry,  grenadiers  and  riflemen  by  the  field  officers  of  their  re- 
spective regiments  ;  but  the  uniform  of  such  companies  shall  not 
be  changed  without  the  consent  of  a  majority  of  the  company. 

Sec  2.   All   general,  field  and  commissioned  staff"  officers  who 


JGO  UNIFORM    AiND    E^Ul  ^'lMEx^'TS.  [jlTLE    XII. 

have  a  rank  assigned  them,  shall  be  armed  with  a  sword  and  a  pair 
of  pistols  and  severally  furnished  with  a  suitable  horse,  saddle, 
bridle,  mail-pillion,  valise,  holsters,  boots  and  spurs. 

Sec.  3.  Captains,  subalterns  and  non-commissioned  staff  officers 
shall  be  armed  with  a  sword. 

Sec.  4.  Non-commissioned  officers  and  privates  of  infantry,  light 
infantry  and  grenadiers  shall  be  armed  with  a  good  musket,  with  a 
flint  lock  and  two  spare  flints,  or  musket  with  a  percussion  lock  and 
a  box  containing  not  less  than  twenty-five  percussion  caps,  with  a 
steel  or  iron  ramrod  and  suitable  bayonet,  and  equipped  with  a 
priming  wire  and  brush,  bayonet,  scabbard  and  belt,  a  cartridge  box 
that  will  contain  twenty-four  cartridges  suited  to  the  bore  of  his 
musket,  a  knapsack  and  canteen. 

Sec,  5.  Officers  and  privates  of  cavalry  shall  be  armed  with  a 
sabre  and  pair  of  pistols,  and  shall  severally  furnish  themselves  with 
a  good  horse  at  least  fourteen  and  a  half  hands  high,  a  good  saddle 
and  bridle,  mail-pillion  and  valise,  holsters  with  bearskin  caps,  a 
cartridge  box  to  contain  twelve  cartridges,  boots  and  spurs. 

Sec.  6.  Non-commissioned  officers  and  privates  of  any  company 
of  riflemen  shall  be  armed  with  a  good  rifle  and  equipped  with  a 
powder  flask  and  bullet  pouch,  knapsack  and  canteen. 

Sec.  7.  Non-commissioned  officers  and  privates  of  artillery  shall 
be  armed  with  swords  and  equipped  Avith  a  knapsack  and  canteen. 

Sec  8.  Every  officer,  non-commissioned  officer  and  private  shall 
constantly  keep  himself  furnished  with  the  arms  and  equipments 
required  by  law,  except  such  private  of  infantry  as  shall  not  be  able 
to  provide  himself. 

Sec.  9.  Minors  liable  to  do  military  duty,  shall  be  furnished  with 
such  arms  and  equipments  by  their  parents,  masters  or  guardians, 
unless  they  are  unable  to  furnish  the  same. 

Sec.  10.  No  person  shall  be  deemed  unable  to  provide  the  arms 
and  equipments  aforesaid  for  himself  or  any  minor  under  his  care, 
unless  he  shall  in  the  month  of  April  annually  produce  to  the  cap- 
tain a  certificate  of  such  inability,  from  the  selectmen  of  the  town 
where  such  minor  or  person  liable  to  do  military  duty  resides. 

Sec  11.  Such  selectmen  shall  forthwith  provide  at  the  expense 
of  their  towns  the  arms  and  equipments  aforesaid,  for  every  such 
minor  or  private  to  whom  they  may  grant  such  certificate,  and  shall 
permit  the  captain  to  deliver  the  same  to  such  private  or  minor, 
whenever  his  company  shall  be  ordered  out  for  military  duty  ;  and 
such  captain  shall  be  responsible  for  the  safe  return  of  such  arms 
and  equipments  to  the  place  of  deposit  provided  by  such  selectmen. 

Sec  12.  Every  officer,  non-commissioned  officer  and  private  shall 
hold  his  uniform,  arms  and  equipments  exempted  from  attachment 
and  execution  and  from  distress  for  taxes. 


CHAP.  80.]  FINES.  161 


CHAPTER  80. 

OF    FINES    FOR    NON-APPEARANCE    AND    DEFICIENCIES    OF 
EQUIPMENT. 


Section  Section 

1.  Fine  for  non-appearance  or  desertion.    6.  Fine  for  loaded  arms. 

2.  "     "     deficiency  of  uniform. 

3.  "     "     deficiency  of  equipment!;. 

4.  "     "     unserviceable  equipments. 

5.  "     "     arms  not  in  order. 


7.  "     "     disobedience  and  disrespect. 

8.  "     "     discharging  firearms. 

9.  Treating  at  trainings  forbidden. 


Section  1.  If  any  non-commissioned  officer  or  private  after  due 
notice  shall  unnecessarily  neglect  to  appear  at  any  training,  inspec- 
tion or  review,  or  shall  be  at  any  time  absent  from  his  guard,  platoon 
or  company  without  leave  from  the  captain  before  such  company 
shall  be  dismissed,  he  shall  pay  a  fine  of  three  dollars  at  each  regi- 
mental muster  and  two  dollars  at  each  company  inspection  or 
training. 

Sec.  2.  If  any  non-commissioned  officer  or  private  of  cavalry, 
artillery,  light  infantry,  grenadiers  or  riflemen  shall  after  due  notice 
appear  at  any  training,  inspection  or  review  without  the  uniform 
of  his  company,  he  shall  pay  a  fine  of  three  dollars  at  each  regi- 
mental muster  and  two  dollars  at  each  company  inspection  or 
training. 

Sec.  3.  Every  non-commissioned  officer  and  private  who  shall 
appear  on  parade  not  completely  equipped  according  to  law,  shall 
pay  the  following  fines  for  the  equipments  with  which  he  shall  not 
be  provided,  to  wit :  a  gun,  eighty  cents ;  iron  or  steel  ramrod, 
twenty  cents  ;  bayonet,  scabbard  and  belt,  twenty-five  cents  ;  rifle, 
one  dollar  ;  pistol,  forty  cents  ;  sword,  forty  cents  ;  two  spare  flints, 
ten  cents  ;  one  box  containing  not  less  than  twenty-five  percussion 
caps,  ten  cents  ;  priming  wire  and  brush,  ten  cents  ;  cartridge  box, 
twenty-five  cents  ;  knapsack,  twenty  cents  ;  canteen,  ten  cents  ; 
valise,  twenty  cents ;  holsters,  twenty  cents  ;  powder  flask  or  bullet 
pouch,  twenty-five  cents. 

Sec.  4.  No  non-commissioned  officer  or  private  shall  be  deemed 
legally  provided  with  any  article  of  equipment,  if  the  same  shall 
be  of  bad  quality,  unserviceable  or  not  such  as  the  law  requires, 
and  the  rejection  of  any  such  article  by  the  insj)ecting  officer  shall 
be  evidence  of  deficiency  of  the  same. 

Sec.  5.  If  any  non-commissioned  officer  or  private  shall  neglect 
to  have  his  gun  and  bayonet,  or  rifle  or  pistols  clean  and  in  good 
order,  he  shall  pay  a  fine  of  fifty  cents. 

Sec.  6.  If  any  non-commissioned  officer  or  private  shall  come 
on  parade  with  his  musket,  rifle   or  pistol  loaded  with  powder  and 
ball,  slugs  or  shot,  he  shall  pay  a  fine  of  two  dollars. 
21 


162 


EXCUSES    AND    CERTIFICATES.  [tITLE    XII. 


Sec.  7.  Every  non-commissioned  officer  or  private  who  shall 
while  on  duty  at  any  muster  or  training  disobey  any  command  of 
his  superior  officer,  or  shall  insult  or  abuse,  or  treat  with  disrespect 
any  of  his  officers,  or  shall  attempt  to  disturb  the  order  of  parade 
or  to  bring  ridicule  upon  his  officers  or  company  or  upon  the  mili- 
tary service,  by  appearing  in  a  grotesque  or  unusual  dress  or  by 
affected  awkwardness  and  ignorance  of  his  duty,  shall  be  deemed 
guilty  of  disorderly  conduct  and  shall  pay  a  fine  of  two  dollars. 

Sec.  8.  If  any  non-commissioned  officer  or  private  shall  on  the 
day  of  any  muster  or  training,  or  the  evening  following,  discharge 
any  firearms  in  or  near  the  place  of  parade,  or  any  public  road  or 
dwelling  house  without  permission  of  a  commissioned  officer,  he 
shall  forfeit  two  dollars  to  be  recovered  by  any  person  who  will 
sue  for  the  same. 

Sec.  9.  If  any  commissioned  or  non-commissioned  officer  shall 
on  the  day  of  any  muster  or  training,  furnish  directly  or  indirectly 
to  any  officer  or  soldier  under  his  command  any  intoxicating  drink, 
such  officer  so  offending  shall  forfeit  for  every  such  oftence  the  sum 
of  ten  dollars,  to  be  recovered  by  any  person  who  will  sue  for  the 
same. 


CHAPTER  81. 


OF  EXCUSES  AND  CERTIFICATES  OF  DISABILITY. 


Section 

1.  Of  sickness,  absence  and  excuses. 

2.  Excuses,  when  to  be  made. 

3.  Evidence  of  excuse. 

4.  Surgeon's  certificate,  only  evidence  of 

disability,  except. 


Section 

5.  Surgeon's    certificate,  prima  facie  evi- 

dence of  disability. 

6.  Surgeon's  certificate,  when  to  be  con- 

firmed. 

7.  Surgeon  not  to  receive  pay,  penalty. 


Section  1.  If  any  non-commissioned  officer  or  private  shall  be 
confined  to  his  house  by  sickness  at  the  time  of  any  training, 
or  shall  be  absent  from  town  at  the  time  he  is  warned  to  train  and 
remain  absent  till  after  such  training,  or  shall  have  any  other  reason- 
able excuse,  the  captain  may  excuse  him  for  non-appearance. 

Sec  2.  No  excuse  shall  be  received  unless  the  same  is  made  in 
writing  and  filed  with  the  clerk  within  fifteen  days  after  such 
training,  unless  it  is  proved  that  by  reason  of  continued  sickness  or 
absence  such  officer  or  soldier  was  unable  to  make  the  same  within 
that  time,  and  that  the  same  was  made  immediately  on  his  return 
or  recovery. 

Sec.  3.  No  evidence  of  any  excuse  shall  be  received  in  any  legal 
proceeding,  until  it  is  shown  that  notice  was  given  of  the  same 
as  is  herein  provided. 


^M-^ 

***:• 


CHAP.  82.]  DISTRESS    FOR    FINES.  163 

Sec.  4.  No  evidence  of  any  disability  by  reason  of  bodily  in- 
firmity or  debility,  except  in  cases  where  the  party  is  confined  to 
his  house  by  sickness,  shall  be  admitted  in  any  case,  but  the  certi- 
ficate of  the  surgeon  or  surgeon's  mate  of  the  regiment,  or  in  case 
there  shall  be  no  surgeon  or  surgeon's  mate  in  commission,  a  like 
certificate  of  some  regular  physician  within  the  regiment. 

Sec.  5.  The  certificate  of  the  surgeon  or  surgeon's  mate  that  any 
person  is  in  his  opinion  unable  to  perform  the  duty  required  by  law 
of  soldiers  in  the  militia,  by  reason  of  any  bodily  infirmity  or  de- 
bility therein  described,  being  duly  recorded  in  the  orderly  book  of 
the  company,  shall  be  prima  facie  evidence  of  such  disability,  and 
if  such  surgeon  or  surgeon's  mate  shall  consider  such  disability  to 
arise  from  causes  of  a  contiuuing  or  permanent  nature,  the  certifi- 
cate may  express  the  time  that  such  disability  will  probably  con- 
tinue. 

Sec  6.  If  the  captain  shall  consider  any  person  enrolled  in  his 
company,  to  whom  such  certificate  may  have  been  granted,  to  have 
recovered  of  such  disability  or  to  have  obtained  such  certificate  by 
false  representations,  and  sliall  notify  him  thereof,  such  certificate 
shall  cease  to  be  of  any  effect  until  confirmed  upon  a  further  appli- 
cation to  the  surgeon  or  surgeon's  mate. 

Sec  7.  If  any  surgeon  or  siurgeon's  mate  shall  directly  or  indi- 
rectly receive  any  compensation  for  any  examination  or  certificate 
as  aforesaid,  he  shall  forfeit  fifty  dollars  to  be  recovered  by  action 
of  debt,  two  thii'ds  to  the  use  of  the  prosecutor  and  one  third  to 
the  use  of  the  county. 


CHAPTER  83. 

OF  DISTRESS  FOR  FINES. 


Section 

1.  Roll  of  delinquents. 

2.  Fines,  how  collected. 

3.  Form  of  warrant  of  distress. 

4.  Warrant,  when  issued. 

5.  Power  of  clerk  to  levy. 

6.  Persons  arrested,  how  discharged. 


Section 

7.  Costs  limited  in  actions  against  clerk. 

8.  Fines  collected,  how  applied. 

9.  Parents,    &c.,   liable    for    fines    of 

minors. 

10.  Complaint  for  fines. 

11.  Judgment  and  appeal  on  complaint. 


Section  1.  The  clerk  shall  make  in  his  orderly  book  a  roll  of 
all  persons  who  have  incurred  any  fine  at  each  muster  or  training, 
Avith  a  description  of  their  respective  offences,  which  shall  be  signed 
by  the  captain  and  clerk ;  and  the  same  or  a  certified  copy  thereof 
shall  be  evidence  of  such  offences ;  but  other  evidence  relating 
thereto  shall  be  admitted. 


164  DISTRESS    FOR    FINES.  [tITLE    XII. 

Sec.  2.  Fines  for  non-appearance,  for  deficiency  of  equipments 
and  disorderly  conduct  may  be  levied  ])y  distress  by  a  wai-rant 
under  the  hand  and  seal  of  the  captain  directed  to  the  clerk ;  or  a 
complaint  may  be  filed  by  the  clerk  before  a  justice  of  the  peace, 
at  the  choice  of  such  captain. 

Sec.  3.  The  warrant  may  be  in  substance  as  follows : 

The  State  of  New  Hampshire. 
To  the  clerk  of  the  company  of 

in  the  regiment  of  militia  in  said 

State. 

Whereas  of  in  the  county  of  a  liable 

to  do  military  duty  in  said  company,  being  duly  warned  to  appear 
on  parade  near  in  on  the  day  of  18         at 

of  the  clock  in  the  noon,   armed  and  equipped  according 

to  law,  for  inspection  and  military  exercise,  and  there  to  wait  further 
orders,  being  the  time  and  place  of  mustering  said  company,  did 
unnecessarily  neglect  (here  insert  the  offence)  whereby  he  has 
incurred  a  fine  of         dollars  for  which  is  by  law  liable : 

You  are  therefore  in  the  name  of  the  State  of  New  Hampshire 
required  by  distress  and  sale  of  the  goods  and  chattels  of  the  said 
,  to  levy  and  collect  said  fine,  with  forty  cents  more  for 
this  precept  and  your  own  fees,  and  for  want  of  such  goods  and 
chattels  to  take  his  body  and  commit  him  to  jail  in  said  county  ; 
and  the  keeper  of  said  jail  is  required  to  receive  and  detain  him  in 
jail  until  he  pay  said  fine  and  all  lawful  fees  or  is  otherwise  dis- 
charged by  due  course  of  law;  and  you  are  also  required  to  make 
return  hereof  with  your  doings  to  the  captain  of  said  comj^any 
within  forty  days. 

Dated  at  this  day  of  A.  D.  IS     . 

Captain. 

Sec  4.  No  such  warrant  shall  be  issued  within  fifteen  days  after 
such  fine  is  incurred  nor  after  sixty  days. 

Sec.  5.  The  clerk  shall  have  the  same  power,  be  subject  to  the 
same  liabilities,  proceed  in  the  same  manner  and  be  entitled  to  the 
same  fees  upon  such  warrant,  as  a  sheriff  in  levying  executions ; 
but  such  clerk  shall  be  answerable  only  for  his  OAvn  conduct,  and 
his  warrant  shall  be  a  sufficient  justification,  notwithstanding  any 
irregularity  in  the  proceedings  of  others. 

Sec  6.  Any  person  arrested  upon  such  warrant  or  upon  execu- 
tion for  any  fine,  may  give  bond  and  take  the  oath  prescribed  by 
law  for  poor  debtors  and  be  discharged  in  the  same  manner  as  if 
arrested  upon  execution  for  debt. 

Sec  7.  The  plaintiff  in  any  action  against  such  captain  or  clerk 
for  any  thing  done  under  any  such  warrant,  shall  recover  no  more 
cost  than  damages,  unless  it  is  shown  to  the  court  that  the  proceed- 
ings were  wilful  and  malicious  or  the  cost  was  caused  by  continu- 


CHAP.  83.] 


PAY    AND    RATIONS. 


165 


ances  granted  at  the  defendant's  request,  or  by  an  appeal  claimed 
by  him. 

Sec.  8.  Fines  collected  mider  the  foregoing  provisions,  shall  he 
applied  by  the  captain  for  the  use  and  beneJfit  of  the  company  to 
which  the  offender  belongs. 

Sec.  9.  Parents,  masters  and  guardians  shall  be  liable  for  all 
fines  and  penalties  incurred  by  persons  under  their  care,  and  may 
be  proceeded  against  in  the  manner  provided  by  this  chapter,  or 
such  minors  may  be  proceeded  against  as  if  they  were  of  full  age. 

Sec  10.  Upon  any  complaint  filed  by  the  clerk  for  any  fine,  a 
summons  shall  be  issued  and  served  as  other  writs  of  simimons 
should  by  law  be  served,  and  such  complaint  and  summons  may  at 
any  time  be  amended  by  leave  of  the  court  without  costs.  If  the 
party  summoned  shall  neglect  to  appear,  judgment  shall  be  render- 
ed against  him  by  default. 

Sec.  11.  The  judgment  against  the  party  complained  against, 
shall  be  for  the  fine  incurred  and  costs.  From  such  judgment  the 
respondent  may  appeal  to  the  court  of  common  pleas,  on  recog- 
nizing with  sufficient  sureties  to  enter  and  prosecute  his  appeal 
and  to  pay  such  fine  and  costs  as  the  court  shall  adjudge  against 
him,  otherwise  execution  shall  issue  against  him. 


CHAPTER  83. 


OF  PAY  AND  RATIONS. 


Section 

5.  Rations  at  muster. 

6.  Penalty   on   selectmen   neglecting  to 

pay. 


Section 

1.  Soldiers  to  be  paid,  when. 

2.  Evidence  of  service. 

3.  Captain  to  make  list. 

4.  "        to  certify   under    oath — ser- 
vice in  different  companies. 

Section  1.  Every  officer,  non-commissioned  officer,  musician 
and  private  who  shall  be  fully  equipped  and  shall  personally  per- 
form all  the  duties  required  by  law,  shall  receive  in  the  month  of 
October  annually,  from  the  selectmen  of  the  town  in  which  he 
resides,  the  sum  of  one  dollar  for  his  services ;  but  no  person  shall 
be  entitled  to  receive  said  sum  unless  he  is  by  law  required  to 
perform  military  duty,  except  such  persons  as  have  enlisted  in  some 
uniformed  company. 

Sec  2.  No  person  shall  be  entitled  to  such  payment,  unless  he 
shall  present  to  the  selectmen  satisfactory  evidence  under  oath  of 
the  commanding  officer  of  the  company,  regiment  or  brigade  to 
which  he  belongs,  that  he  has  so  performed  his  duty. 


166 


COMPANIES    AND    ENLISTMENTS.  [TITLE  XII. 


Sec.  3.  Every  captain  shall  in  October  annually  and  after  the 
annual  muster,  if  there  be  any,  make  a  list  of  the  persons  who  have 
faithfully  and  properly  performed  all  their  duties  in  his  company, 
and  certify  under  oath  that  the  said  list  contains  the  names  of  such 
persons  and  no  others,  and  retm'n  the  same  to  the  selectmen  of  the 
towns  in  which  any  of  such  persons  may  reside. 

Sec.  4.  Every  captain  shall  upon  request  certify  under  oath  the 
several  times  which  any  person  who  has  enlisted  or  removed  into 
any  other  company,  shall  have  faithfully  performed  his  duty  under 
his  orders ;  and  if  the  person  has  performed  all  the  duties  required 
by  law  for  the  preceding  year,  although  said  duty  may  have  been 
performed  in  ditferent  companies,  such  person  shall  be  entitled  to 
receive  one  dollar  for  his  services. 

Sec  5.  The  selectmen  of  each  town  and  place  shall  pay  to  each 
.officer,  non-commissioned  officer,  musician  and  private  of  their  re- 
spective towns  who  shall  be  on  duty  at  any  regimental  muster,  fifty 
cents  to  be  there  paid  on  parade,  and  the  captain  of  each  company 
shall  give  notice  to  the  selectmen  six  days  before  such  muster,  of 
the  time  and  place  thereof  and  the  number  of  men  liable  to  do 
duty  there  under  his  command. 

Sec  6.  The  selectmen  shall  forfeit  seventy-five  cents  for  each 
person  to  whom  they  neglect  to  pay  said  sum  of  fifty  cents  after 
being  so  notified,  to  be  recovered  by  the  captain  and  by  him  paid 
over  to  the  persons  entitled  thereto. 


CHAPTER   84. 


OF  COMPANIES  AND  ENLISTMENTS. 


Section 

1.  Limits  of  companies  prescribed. 

2.  Companies  may  be  disbanded. 

3.  Companies,    what,  formed    by   enlist- 

ment. 

4.  Enlistments,  when  valid. 

5.  Persons  not  to  enlist  unless  from  full 

company. 


Section 

6.  Persons  enlisting,  how  long  held. 

7.  "  "  how  discharged. 

8.  Companies,number  of  rank  and  file  in. 

9.  Company  now  organized,  not  affected. 
10.  Number  of  enlisted   companies   in  a 

regiment. 


Section  1.  The  field  officers  may  prescribe  the  limits  of  compa- 
nies and  alter  and  modify  them  as  they  shall  think  proper.  Every 
order  making  any  such  alteration  shall  be  recorded  in  the  orderly 
books  of  the  regiment  and  of  each  of  the  companies  affected 
thereby. 

Sec  2.  Any  company  which  shall  be  reduced  below  one  half  the 
number  of  which  it  should  by  law  consist,  may  be  disbanded  by 
the  field  officers  of  the  regiment,  and  the  officers  and  privates  of 


CHAP.  85. 


ORDNANCE  AND  GUN  HOUSES. 


167 


such  company,  if  of  infantry,  shall  be  annexed  to  some  adjoining 
company ;  but  if  it  be  a  volunteer  company,  shall  be  liable  to  do 
duty  in  the  company  within  whose  limits  they  reside. 

Sec.  3.  Companies  of  cavalry,  artillery,  light  infantry,  grenadiers 
and  riflemen  shall  be  formed  by  voluntary  enlistment  from  the 
infantry. 

Sec.  4.  No  enlistment  shall  be  valid  until  a  written  notice  there- 
of and  a  copy  of  the  permission  of  the  field  officers,  if  required,  is 
left  with  the  clerk  of  the  company  from  which  the  enlistment  is 
made,  nor  until  the  person  enlisting  shall  be  uniformed,  armed  and 
equipped  to  do  duty  in  the  company  into  which  he  enlists. 

Sec.  5.  No  person  shall  enlist  out  of  any  company  which  is  not 
full,  except  by  permission  of  the  field  officers,  and  no  such  permit 
shall  be  granted  where  the  enlistment  would  reduce  the  company 
below  forty-two  rank  and  file. 

Sec.  6.  Every  person  enlisting  in  any  volunteer  company,  shall 
be  liable  to  perform  military  duty  therein  five  years,  unless  he  shall 
be  discharged  or  shall  arrive  at  the  age  of  forty  years. 

Sec  7.  Any  one  enlisted  in  a  volunteer  company,  may  be  dis- 
charged by  the  colonel  on  his  own  request  or  that  of  the  officers  of 
such  company,  and  shall  then  be  liable  to  do  duty  in  the  company 
within  whose  limits  he  resides ;  and  notice  in  writing  of  such  dis- 
charge shall  be  forthwith  given  by  the  colonel  to  the  captain  of 
such  company. 

Sec.  8.  Every  company  shall  regularly  consist  of  sixty-four. 

Sec.  9.  No  company  now  formed  and  organized  pursuant  to  spe- 
cial provisions  of  law,  shall  be  affected  by  this  chapter. 

Sec.  10.  To  each  regiment  there  may  be  one  company  of  caval- 
ry, one  of  artillery,  two  of  light  infantry  or  grenadiers  and  two  of 
riflemen,  who  shall  be  organized  by  the  field  officers,  and  they  may 
organize  others  wherever  the  enlistment  of  such  new  companies 
shall  not  reduce  any  company  of  infantry  within  its  limits  below 
forty-two  rank  and  file. 


CHAPTER  S5. 


OF  ORDNANCE  AND  GUN  HOUSES. 


Section 

1.  Ordnance  allowed  to  artillery  compa- 

nies. 

2.  Captain  responsible. 

3.  Money  allowed  for  repairs  and  powder. 

4.  Gun  house  to  be  erected. 

5.  Deed  of  land  to  the  State. 

6.  Gun  houses  may  be  removed. 


Section 

7.  No  person  to  take  gun  without  leave. 

8.  Penalty. 

9.  Persons  using  gun  with  leave  liable 

for  damages. 

10.  Penalty  for  breaking  gun  house. 

11.  Fines  and  damages,  how  applied. 


168  ORDNANCE    AND    GUN    HOUSES.  [XITLE  XII. 

Section  1.  One  piece  of  ordnance  with  carriage,  harness  and 
apparatus  complete  will  be  allowed  to  each  company  of  artillery, 
and  every  such  company  having  two  pieces  of  ordnance,  shall  be 
allowed  additional  harnesses  and  apparatus  at  the  expense  of  the 
State. 

Sec.  2.  The  captain  shall  have  the  entire  care  and  control  of  the 
same  and  shall  be  responsible  for  any  injury  which  may  arise  to  the 
same  from  his  neglect. 

Sec.  3.  Seven  dollars  shall  annually  be  allowed  to  the  captain 
for  powder  and  portfire  and  for  hire  of  horses  at  regimental  musters, 
and  a  sum  not  more  than  five  dollars  annually  for  repairs  of  such 
piece,  carriage  and  harness  on  satisfactory  evidence  that  it  has  been 
so  expended. 

Sec.  4.  The  captain  of  each  company  of  artillery  shall  cause  a 
suitable  building  to  be  erected  to  secure  the  field  piece  belonging 
to  the  company,  when  necessary,  and  shall  receive  such  allowance 
therefor  not  exceeding  fifty  dollars,  as  the  legislature  on  present- 
ment of  his  claim  shall  think  reasonable. 

Sec.  5.  No  such  claim  shall  be  allowed  until  a  deed  conveying 
the  land  on  which  the  same  is  erected,  to  the  State  in  fee,  shall 
have  been  filed  in  the  oflice  of  the  secretary  of  state,  nor  until  the 
field  officers  shall  have  certified  their  approval  of  its  location  and 
construction. 

Sec.  6.  Any  gun  house  may  be  removed,  whenever  the  field 
officers  shall  approve  the  same,  a  like  deed  of  the  land  to  which  it 
is  to  be  removed,  being  first  filed  in  the  secretary's  office  as  afore- 
said. 

Sec.  7.  No  person  shall  remove  any  piece  of  ordnance  from  the 
gun  house  or  other  place  where  it  is  deposited,  nor  any  carriage, 
harness  or  apparatus  belonging  thereto,  for  any  purpose  whatever, 
without  the  written  permission  of  the  captain  of  the  company  to 
which  it  belongs. 

Sec.  8.  If  any  person  shall  remove  or  use  any  such  piece  of 
ordnance,  carriage,  harness  or  apparatus  without  such  permission, 
he  shall  forfeit  a  sum  not  less  than  five  dollars  nor  more  than 
twenty  dollars,  and  shall  be  liable  to  pay  double  damages  for  any 
injury  which  the  same  may  sustain  from  any  cause,  until  they  shall 
be  returned  and  notice  thereof  in  writing  given  to  such  captain. 

Sec.  9.  If  any  person  shall  take  or  use  any  such  piece  of  ord- 
nance, carriage,  harness  or  apparatus  with  the  permission  of  the 
captain  for  any  purpose  except  that  of  military  exercise  when  the 
company  shall  be  paraded,  he  shall  be  liable  for  all  damages  the 
same  may  sustain  from  any  cause,  until  the  same  is  returned  and 
notice  thereof  given  as  aforesaid. 

Sec.  10.  If  any  person  shall  break  open  or  enter  any  gun  house, 
or  in  any  way  injure  the  same  or  any  public  property  therein,  he 
shall  forfeit  a  sum  not  less  than  five  dollars  nor  more  than  twenty 
dollars,  and  shall  be  liable  to  pay  double  damages  for  any  injury 


CHAP.  86.]     ARMS  FURNISHED  BY  THE  STATE. 


169 


the  same  may  sustain  thereby,  or  in  any  manner  in  consequence 
thereof. 

Sec.  11.  The  penalties  and  damages  shall  be  recovered  by  the 
adjutant  general  in  the  name  of  the  State,  and  applied  to  defray 
the  expenses  of  keeping  such  public  property  in  repair. 


CHAPTER  86. 


OF  ARMS  FURNISHED  BY  THE  STATE. 


Section 

1.  Companies  to  be  furnished  with  mus- 

kets or  rifles. 

2.  Artillery  companies  to  be  furnished. 

3.  Officers  to  give  security. 


Section 

4.  Adjutant  general  to  certify. 

5.  Bonds  to  be  renewed,  when. 

6.  Arms  to  be  returned  on  neglect. 

7.  Arms,  where  received  and  returned. 


Section  1.  Every  company  which  is  required  to  be  armed  with 
muskets  or  rifles,  having  at  least  thirty-two  rank  and  file  enlisted 
or  enrolled  and  uniformed,  shall  receive  from  the  state  arsenals  so 
many  muskets  or  rifles  as  may  be  necessary  to  arm  such  company, 
not  exceeding  sixty-four. 

Sec  2.  Every  company  of  artillery  consisting  of  sixty-four  rank 
and  file  enlisted  and  uniformed,  shall  receive  from  the  arsenals  thir- 
ty-two muskets. 

Sec.  3.  No  such  muskets  or  rifles  shall  be  delivered,  until  the 
officers  of  the  company  or  other  responsible  persons  shall  give 
bond  to  the  State  with  sufficient  sureties  to  be  approved  by  the 
adjutant  general,  for  the  safe  keeping  and  return  of  such  muskets 
or  rifles  when  required  by  the  authority  of  the  State. 

Sec  4.  Such  muskets  and  rifles  shall  be  delivered  upon  the  cer- 
tificate of  the  adjutant  general  that  the  provisions  of  the  law  have 
been  complied  with. 

Sec.  5.  Whenever  the  obligors  of  any  such  bond  shall  remove 
from  the  State,  or  such  bond  shall  appear  to  the  adjutant  general 
to  be  insecure  or  new  officers  shall  be  appointed  to  any  such  com- 
pany, the  adjutant  general  shall  require  a  new  bond  to  be  given 
in  manner  aforesaid. 

Sec  6.  If  such  bond  shall  not  be  given  the  adjutant  general 
shall  require  such  arms  to  be  forthwith  returned  to  the  arsenal,  and 
the  commissary  general  shall  receive  the  same  and  certify  to  the 
adjutant  general  the  amount  of  loss  and  damage  done  to  the  same. 

Sec  7.  All  companies  in  the  county  of  Coos  and  also  in  the 
county  of  Grafton,  when  the  adjutant  general  shall  so  order,  shall 
receive  arms  from  and  return  the  same  to  the  arsenal  at  Lancaster. 
All  other  companies  shall  receive  arms  from  and  return  the  same  to 
the  arsenal  at  Portsmouth. 
22 


170 


TRAININGS    AND    MUSTERS. 


[title  XTT. 


CIIAPTf^IS  87. 


OF  COMPANY  TRAININGS  AND  REGIMENTAL  MUSTERS. 


Section 

1.  May  training  and  inspection,  when. 

2.  One  other  company  training,  ordered. 

3.  Orders  for  muster,  when  issued. 

4.  Time  and  place,  how  appointed. 

5.  Captains  to  obey  colonel's  orders. 

6.  Regiments,  by  whom  reviewed. 

7.  "         "        "       inspected. 


Section 

8.  Adjutants  to  inspect,  when. 

9.  Inspection  book  to  be  returned. 

10.  Report  on  defective  ordnance. 

11.  Regiments  mustered  in  divisions. 

12.  Formation  of  companies  in  line. 

13.  Soldiers  not  to  be  arrested,  when. 


Section  1.  Every  captain  shall  parade  his  company  on  the  third 
Tuesday  of  May  annually,  at  one  o'clock  in  the  afternoon,  and  at 
that  time  shall  inspect  and  take  an  exact  account  of  all  the  arms 
and  equipments  of  his  men. 

Sec.  2.  He  shall  parade  his  company  by  his  own  order  on  one 
other  day  and  no  more  in  each  year,  and  at  all  times  when  his 
company  is  paraded,  shall  drill  and  instruct  his  men  in  the  military 
exercises  and  evolutions. 

Sec.  3.  The  major  general  shall  in  July  annually  issue  orders  to 
the  brigadier  generals,  and  the  brigadier  generals  shall  before  the 
twentieth  day  of  August  annually  issue  orders  to  the  colonels,  and 
the  colonels  shall  seasonably  issue  orders  to  the  captains  for  one 
regimental  inspection  and  review  of  each  regiment  annually. 

Sec  4.  The  day  for  the  review  of  each  regiment  shall  be  ap- 
pointed by  the  major  general,  or  if  he  shall  fail  to  issue  his  orders 
seasonably,  by  the  brigadier  general,  between  the  first  of  Septem- 
ber and  the  fifteenth  of  October :  the  place  of  meeting  shall  be 
appointed  by  the  field  officers,  and  shall  be  as  central  as  in  their 
judgment  convenience  will  permit. 

Sec.  5.  Captains  shall  yield  obedience  to  the  orders  of  the 
colonel  in  relation  to  the  time  and  place  of  review ;  but  if  he  shall 
disregard  the  orders  of  his  superior  officer  as  to  the  day,  or  the 
appointment  of  the  field  officers  as  to  the  place  of  review,  he  sliall 
be  punished  by  removal  or  otherwise  at  the  discretion  of  a  court 
martial. 

Sec.  6.  The  major  general  shall  review  three  regiments  at  least 
annually,  and  the  brigadier  general  shall  review  all  the  regiments 
in  his  brigade  not  reviewed  by  the  major  general. 

Sec  7.  The  adjutant  general  shall  inspect  such  regiments,  not 
more  than  three  annually,  as  the  commander  in  chief  may  direct ; 
and  the  division  and  brigade  inspectors  shall  inspect  the  regiments 
reviewed  by  their  respective  superiors. 

Sec  8.  If  no  inspector  of  superior  rank  be  present,  the  adjutant 
shall  inspect  the  regiment  whether  mustered  together  or  in  divisions. 

Sec.  9.   Every  division  and  brigade  inspector  shall  annually  with- 


CHAP.  88.]  RETURNS.  171 

in  ten  days  after  the  close  of  the  fall  inspections  by  him  made,  re- 
turn his  inspection  book  to  the  adjutant  general,  noting  therein 
any  deficiencies  of  the  public  property  in  any  regiment. 

Sec.  10.  Every  such  inspector  shall  on  application  of  the  captain 
of  any  artillery  company  at  such  inspection, thoroughly  inspect  any 
ordnance,  carriage,  harness  or  apparatus  alleged  to  be  unsuitable  or 
unserviceable,  with  the  aid  of  such  competent  officers  and  other 
persons  as  he  may  obtain,  and  report  in  writing  to  the  adjutant 
general  the  true  state  and  situation  thereof. 

Sec.  11.  Any  regiment  which  cannot  be  assembled  without 
causing  part  of  the  soldiers  to  march  more  than  fifteen  miles,  may 
be  mustered  in  two  divisions  on  different  days  and  at  such  places 
as  will  best  accommodate  those  divisions,  to  be  fixed  by  the  field 
officers,  and  notice  thereof  to  be  seasonably  given  to  the  major  and 
brigadier  generals. 

Sec  12.  In  forming  a  regiment  in  line  for  field  exercise  the 
cavalry  shall  be  placed  on  the  right,  then  the  artillery,  light  infan- 
try, grenadiers,  infantry  and  riflemen  in  the  order  they  are  named, 
and  all  the  companies  shall  be  equally  imder  the  command  of  the 
colonel. 

Sec.  13.  No  officer,  non-commissioned  officer,  musician  or  pri- 
vate shall  be  arrested  on  any  civil  process  during  his  going  to, 
returning  from  or  attendance  upon  any  military  duty,  or  any  court 
martial  or  court  of  inquiry  which  it  may  be  his  duty  to  attend. 


CHAPTER  88. 

OF  RETURNS. 


Section 

1.  Captains  to  make  return  to  adjutant. 

2.  "  "         "         "  to  quarter 
master. 

3.  Captains  to  make  return  of  musicians. 

4.  Clerk  to  assist  in  making  returns. 

5.  Adjutant  to  furnish  blanks  and  make 

regimental  return. 

6.  Brigade  major  to  make  brigade  return. 


Section 

7.  Quartermaster  to  make    regimental 

return. 

8.  Time  of  making  returns. 

9.  Compensation  to  adjutants. 

10.  Postages  and  expenses  to  be  paid. 

11.  Adjutant    general    to   make    return 

from  adjutant's  return. 

12.  Adjutant    general   to    make    return 

from  quartermaster's  returns. 


Section  1.  The  captain  shall  at  the  annual  inspection  of  his 
company  in  May  make  out  and  sign  a  correct  return  in  such  form 
as  may  be  prescribed,  of  the  strength,  arms  and  accoutrements  of 
his  company  and  of  the  number  present  and  absent,  cause  it  to  be 
recorded  in  the  orderly  book  of  his  company,  signed  by  the  clerk 
and  transmitted  to  the  adjutant. 


172  RETURNS.  [title  XII. 

Sec.  2.  The  captain  shall  also  at  the  same  tune  make  out  aud 
sign  a  correct  return  in  such  form  as  may  be  prescribed,  of  the 
camp  equipage,  ordnance,  arms,  military  stores,  musical  instruments 
and  public  property  of  every  description  in  his  company  which 
have  been  furnished  by  the  State  or  purchased  with  money  received 
for  fines,  together  with  an  account  of  all  fines  received,  and  whe- 
ther expended  or  not,  and  if  expended,  for  what  purposes,  and  add 
thereto  a  requisition  for  such  articles  as  may  be  wanting ;  shall 
cause  the  same  to  be  signed  and  recorded  by  the  clerk  and  trans- 
mit the  same  to  the  quartermaster. 

Sec.  3.  The  captain  shall  also  at  the  same  time  make  a  return 
of  the  names  of  the  musicians  of  his  company  to  the  adjutant. 

Sec  4.  The  clerk  shall  assist  the  captain  in  making  his  returns, 
and  shall  sign  and  record  the  same  in  his  orderly  book. 

Sec.  5.  The  adjutant  shall  fiunish  the  captains  with  blank  forms 
of  returns  to  be  made  by  them,  and  explain  how  they  should  be 
made  ;  shall  consolidate  the  returns  macle  to  him  into  a  regimental 
return,  record  the  same  in  his  orderly  book  and  within  the  time 
prescribed  by  law  transmit  the  same  to  the  adjutant  general,  and  a 
duplicate  thereof  to  the  brigade  major,  and  keep  the  returns  made 
to  him  on  file. 

Sec  6.  The  brigade  major  shall  consolidate  the  regimental  re- 
turns made  to  him  into  a  brigade  return,  record  the  same  in  his 
orderly  book  and  transmit  the  same  to  the  brigadier  general,  and  a 
duplicate  thereof  to  the  major  general,  and  keep  the  returns  made 
to  him  on  file. 

Sec  7.  The  quartermaster  shall  consolidate  the  returns  made  to 
him  into  a  regimental  return',  add  thereto  the  articles  of  public 
property  in  his  own  keeping  for  the  use  of  the  regiment  and  such 
as  are  further  required,  record  the  same  in  his  orderly  book  and 
transmit  it  countersigned  by  the  colonel  to  the  adjutant  general,  and 
keep  the  returns  made  to  him  on  file. 

Sec  8.  The  returns  of  captains  to  the  adjutants  and  quartermas- 
ters shall  be  made  within  ten  days  after  the  annual  inspection  in 
May,  and  the  returns  of  adjutants  and  quartermasters  to  the  adju- 
tant general  within  twenty  days  after  said  inspection.  And  if 
either  of  said  officers  shall  neglect  to  make  his  return  within  the 
times  aforesaid,  he  shall  forfeit  for  each  neglect  the  sum  of  twenty 
dollars. 

Sec  9.  Adjutants  shall  receive  two  dollars  for  making  the  regi- 
mental returns,  to  be  paid  by  the  adjutant  general. 

Sec  10.  Postage  and  other  reasonable  expense  incurred  in  the 
transmission  of  orders  and  returns  and  transmission  of  public  pro- 
perty, shall  be  paid  by  the  adjutant  general  on  satisfactory  evidence 
that  the  expense  was  actually  and  necessarily  incurred  and  was  just 
and  reasonable. 

Sec.  11.  The  adjutant  general  shall  immediately  consolidate  the 
adjutants'  returns  of  the  several  regiments,  and  record  and  transmit 


CHAP.  89.]  ORDERLY    BOOKS    AND    ROSTERS.  173 

the  same  to  the  commander  in  chief  and  a  duplicate  thereof  to  the 
secretary  of  war  of  the  United  States. 

Sec.  12.  He  shall  consohdate  the  returns  of  the  regimental  quar- 
termasters, and  add  to  the  same  a  retm'n  of  all  articles  of  public 
property  in  his  possession  or  issued  to  the  regimental  quartermas- 
ters, record  the  same  and  transmit  it  to  the  commander  in  chief 


CHAPTER  89. 


OF  ORDERLY  BOOKS  AND  ROSTERS. 


Section 

1 .  Orderly  books,  by  whom  kept. 

2.  Quartermaster  to  keep,  orderly  book 


Section 

3.  Rosters,  by  whom  and  how  kept. 

4.  Clerk  to  record  permits,  &c. 


Section  1.  Each  division  inspector,  brigade  major,  adjutant  and 
clerk  of  a  company  shall  keep  an  orderly  book,  and  record  therein 
all  orders  and  official  communications  received  or  issued  by  his 
commanding  officer,  and  all  returns  which  shall  be  signed  by  him, 
and  distribute  all  orders  of  his  commanding  officer. 

Sec  2.  Each  quartermaster  shall  keep  an  orderly  book,  and 
record  therein  all  orders  and  official  communications  received  by 
him  relating  to  the  duties  of  his  office,  all  communications  written 
by  him  relating  to  the  public  property  in  his  charge,  all  receipts  for 
public  property  distributed  by  him,  and  all  returns  of  public  pro- 
perty made  by  him. 

Sec.  3.  The  adjutant  of  each  regiment  shall  keep  in  his  orderly 
book  a  roster  of  the  officers  and  non-commissioned  officers  of  the 
regiment,  with  the  dates  of  their  appointments,  and  the  clerk  of 
each  company  shall  keep  a  like  roster  of  all  the  officers  of  the 
company. 

Sec  4.  The  clerk  of  each  company  shall  record  all  permits  and 
surgeons'  certificates  presented  to  him  for  that  purpose,  in  his 
orderly  book. 


174 


OFFICERS  AND    MUSICIANS. 


[title    XII. 


CHAPTER  90. 


OF  INSTRUCTION  OF  OFFICERS  AND  MUSICIANS. 


Section 

1.  Officer  drills. 

2.  Orders,  how  issued. 

3.  Infantry  regulations  adopted. 


Section 

4.  Adjutant  to  make  return  of  musicians. 

5.  Meeting  of  musicians  for  instruction 

6.  Drill  of  musicians  at  muster. 


Section  1.  The  colonel  shall,  once  in  each  year,  assemble  at 
some  convenient  and  central  place  the  officers  of  the  regiment 
armed  with  swords,  muskets  and  bayonets,  and  cause  them  to  be 
instructed  by  some  qualified  person  in  the  school  of  the  soldier, 
of  the  company  and  of  the  battalion. 

Sec.  2.  The  orders  for  such  meeting  shall  be  issued  to  the  offi- 
cers in  the  same  manner  as  for  regimental  musters. 

Sec.  3.  The  rules  and  regulations  for  the  field  exercise  and 
manoEUvres  of  infantry  compiled  for  the  use  of  the  army  of  the 
United  States,  agreeably  to  a  resolve  of  congress  passed  December, 
1814,  are  established  as  the  rules  of  discipline  for  the  militia  of 
this  State. 

Sec.  4.  The  adjutant  shall  annually  furnish  to  the  drum  major 
and  fife  major  a  roll  of  the  musicians  in  the  regiment  from  the 
company  returns,  and  the  drum  major  and  fife  major  shall,  once  in 
every  year,  assemble  the  fifers  and  drummers  and  instruct  them  in 
martial  music. 

Sec  5.  The  musicians  shall  be  notified  by  the  drum  major  or 
fife  major  in  the  same  manner  as  privates  are  notified  to  attend  a 
company  training,  and  shall  be  subject  to  the  same  fines  for  non- 
appearance or  misconduct  as  privates.  Such  fines  may  be  levied 
by  distress  by  warrant  of  the  senior  directed  to  the  junior  drum 
major  or  fife  major,  in  the  same  manner  as  fines  are  collected  under 
a  captain's  warrant,  and  shall  be  applied  to  defray  the  expenses  of 
such  meeting. 

Sec  6.  When  the  regiment  shall  be  in  line  on  muster  days,  all 
the  music,  except  cavalry  music,  shall  be  placed  together  as  the 
colonel  may  direct,  under  the  command  of  the  drum  major  and  fife 
major,  of  whom  the  oldest  by  date  of  warrant  shall  be  chief,  and 
the  musicians  while  under  their  command  shall  be  subject  to  the 
same  fines  for  misconduct  as  when  assembled  under  the  orders  of 
the  drum  major  and  fife  major. 


CHAP.  91.]    DETACHMENTS  FOR  ACTUAL  SERVICE. 


175 


€11  AFTER  91. 


OF  DETACHMENTS  FOR  ACTUAL  SERVICE. 


Section 

1.  Detachments,  by  whom  ordered. 

2.  Details,  how  made. 

3.  Volunteers  to  be  accepted. 

4.  Penalty  for  refusing  to  march. 


Section 

5.  Persons  detached,  subject  to  rules  and 

articles  of  United  States. 

6.  Short  notice  sufficient,  when. 

7.  Signals  of  alarm  to  be  appointed. 


Section  I.  In  cases  of  actual  or  threatened  invasion,  insurrec- 
tion or  other  public  danger,  the  commander  in  chief  may  order  the 
mihtia  or  part  thereof  to  be  detached!  and  in  cases  of  emergency 
the  officers  commanding  divisions,  brigades  or  regiments  may  order 
such  detachments  and  appoint  such  mihtary  watclies  or  guards,  in 
such  places  and  under  such  regulations  as  they  may  judge  neces- 
sary, until  orders  can  be  received  from  the  commander  in  chief. 

Sec.  2.  Except  in  cases  where  entire  regiments  or  companies 
may  be  detached,  the  officers  shall  be  regularly  detailed  from  the 
rosters  and  the  privates  drafted  by  lot  from  the  company  rolls;  and 
in  case  any  company  shall  not  be  organized,  such  draft  shall  be 
made  by  the  colonel  or  some  officer  designated  by  him. 

Sec.  3.  If  suitable  otiicers  or  privates  shall  volunteer,  their 
services  may  be  accepted  and  details  or  drafts  made  for  the  residue 
only. 

Sec.  4.  If  any  person  who  shall  have  volunteered  or  been  de- 
tailed or  drafted,  and  notified  and  ordered  to  march,  shall  neglect 
or  refuse  to  obey  such  orders,  he  shall  be  liable  to  the  punishment 
of  desertion,  unless  he  shall  within  twenty-four  hours  after  such 
notice  furnish  an  able  bodied  man  in  his  stead,  or  pay  to  the  com- 
manding officer  of  the  company  to  which  he  belongs,  the  sum  of 
fifty  dollars,  to  be  appropriated  to  the  hire  of  men  to  complete  the 
detachment. 

Sec  5.  All  persons  detached  for  actual  service,  shall  be  subject 
to  the  rules  and  articles  provided  by  the  laws  of  the  United  States 
for  the  government  of  the  militia  in  the  service  of  the  United  States  ; 
the  State  of  New  Hampshire  and  the  corresponding  officers  thereof 
being  in  all  cases  understood,  where  reference  is  made  therein  to  the 
United  States  or  the  officers  thereof. 

Sec.  6.  In  case  of  actual  or  threatened  invasion  or  insurrection, 
any  notice,  however  short,  to  muster  for  military  service,  shall  be 
legal  and  binding. 

Sec  7.  Signals  of  alarm  may  be  appointed  by  the  commander 
in  chief,  and  if  any  non-commissioned  officer  or  private  shall,  upon 
the  alarm  being  given,  unnecessarily  neglect  to  appear  properly 
armed  and  c^piipped  at  such   time  and  place  as  the  commanding 


176  REGIMENTS,  BRIGADES,    DIVISIONS.         [tITLE  XII. 

officer  may  appoint,  due  notice  having  been  given  him  of  such 
signals  and  of  the  time  and  place  appointed,  he  shall  pay  a  fine  of 
ten  dollars. 


CHAPTER  92. 

OF  REGIMENTS,  BRIGADES  AND  DIVISIONS. 


Section 

1 — 42.  Regiments  constituted. 
43—50.  Briorades. 


Section 

51 — 54.  Divisions  formed. 


Section  1.  The  companies  in  Portsmouth,  Newcastle,  Rye, 
Greenland,  Newington  and  Stratham  shall  constitute  the  first  regi- 
ment : 

Sec.  2.  Those  in  Dover  and  Somersworth,  the  second: 

Sec.  3.  Those  in  Hampton,  North  Hampton,  Hampton  Falls, 
Seabrook,  South  Hampton  and  Kensington,  the  third : 

Sec.  4.  Those  in  Exeter,  Newmarket,  Brentwood,  Poplin  and 
Epping,  the  fourth : 

Sec.  5.  Those  in  Amherst,  Merrimack,  Litchfield,  Mont  Yernon, 
Milford,  Nashua,  Nashville,  HoUis,  Hudson  and  Brookline,  the  fifth  : 

Sec  6.  Those  in  Richmond,  Winchester,  Swanzey,  Chesterfield 
and  Hinsdale,  the  sixth  : 

Sec.  7.  Those  in  Kingston,  East  Kingston,  Danville,  Newtown, 
Atkinson,  Plaistow,  Hampstead  and  Sandown,  the  seventh  : 

Sec.  8.  Those  in  Derry,  Londonderry,  Salem,  Windham  and 
Pelham,  the  eighth  : 

Sec.  9.  Those  in  Manchester,  GofFstown,  Dunbarton,  Bedford, 
New  Boston  and  Weare,  the  ninth  : 

Sec  10,  Those  in  Gilmanton,  Gilford  and  Barnstead,  the  tenth  : 

Sec  11.  Those  in  Concord,  Bow,  Pembroke,  Allenstown  and 
Hooksett,  the  eleventh  : 

Sec.  12.  Those  in  Rindge,  Jaffrey,  Fitzwilliam,  Roxbury,  Dub- 
lin, Marlborough,  Nelson  and  Troy,  the  twelfth  : 

Sec  13.  Those  in  Haverhill,  Piermont,  Orford,  Warren  and  Ben- 
ton, the  thirteenth  : 

Sec  14.  Those  in  Plymouth,  Holderness,  Campton,  Thornton, 
Ellsworth,  Woodstock,  Waterville  and  Lincoln  on  the  east  side  of 
the  mountain,  the  fourteenth  : 

Sec  15.  Those  in  Plainfield,  Cornish,  Claremont,  and  the  west 
company  in  Grantham,  the  fifteenth : 

Sec  16.  Those  in  Charlestown,  Langdon,  Acworth  and  Unity, 
the  sixteenth : 

Sec  17.  Those  in  Chester,  Candiaand  Raymond,  the  seventeenth: 


CHAP.  92.]  REGIMENTS,     BRIGADES,    DIVISIONS.  177 

Sec.  18.  These  in  Nottingham,  Deerfield,  Epsom,  Northwood, 
and  Pittsfield,  the  eighteenth  : 

Sec.  19.  Those  in  Moukonborough,  Centre  Harbor,  Sandwich 
and  Tamwortli,  the  nineteenth  : 

Sec.  20.  Those  in  Walpole,  Westmoreland,  Keene,  Sm-ry,  Gil- 
sum  and  Sullivan,  the  twentieth  : 

Sec.  21.  Those  in  Boscawen,  Salisbiu-y,  Andover  and  Franklin, 
the  twenty-first : 

Sec.  22.  Those  in  New  Ipswich,  Sharon,  Mason,  Peterborough, 
Temple,  Lyndeborough  and  Wilton,  the  twenty-second  : 

Sec.  23.  Those  in  Hanover,  Lebanon  and  Lyme,  the  twenty- 
third  : 

Sec.  24.  Those  in  Stratford,  Columbia,  Colebrook,  Stewarts- 
town,  Errol,  Clarksville  and  Pittsburg,  the  twenty-fourth  : 

Sec.  25.  Those  in  Durham,  Lee,  Madbury,  Strafford  and  Bar- 
rington,  the  twenty-fifth  : 

Sec.  26.  Those  in  Antrim,  Deering,  Hillsborough,  Windsor,  Han- 
cock, Francestown,  Greenfield  and  Bennington,  the  twenty-sixth  : 

Sec.  27.  Those  in  Wolfborough,  Tuftonborough,  Ossipee,  Ef- 
fingham, Freedom  and  the  north  company  in  Wakefield,  the  twen- 
ty-seventh : 

Sec.  28.  Those  in  Alstead,  Marlow,  Lempster,  Stoddard  and 
Washington,  the  twenty-eighth  : 

Sec.  29.  Those  in  Sanbornton,  New  Hampton  and  Meredith, 
the  twenty-ninth  : 

Sec.  30.  Those  in  New  London,  Newbury,  Wilmot,  Bradford 
and  Sutton,  the  thirtieth  : 

Sec.  31.  Those  in  Newport,  Wendell,  Goshen,  Croydon,  Spring- 
field and  the  east  company  in  Grantham,  the  thirty-first  : 

Sec.  32.  Those  in  Bath,  Lyman,  Landaff,  Lisbon,  Littleton, 
Bethlehem,  Franconia  and  Lincoln  on  the  west  side  of  the  moun- 
tain, the  thirty-second : 

Sec.  33.  Those  in  New  Durham,  Alton,  Middleton,  Brookfield 
and  the  southerly  company  in  Wakefield  and  the  north  company 
in  Milton,  the  thirty-third  : 

Sec.  34.  Those  in  Hill,  Bridgewater,  Bristol,  Alexandria,  Hebron 
and  Danbury,  the  thirty-fomlh  : 

Sec.  35.  Those  in  VYentworth,  Rumney,  Dorchester  and  Groton, 
the  thirty-fifth: 

Sec  36.  Those  in  Eaton,  Albany,  Conway,  Bartlett,  Jackson 
and  Chatham,  the  thirty-sixth  :  ^ 

Sec.  37.  Those  in  Canaan,  Dame's  Gore,  Orange,  Enfield  and 
Grafton,  the  thirty-seventh: 

Sec.  38.  Those  in  Chichester,  Canterbury,  Loudon  and  North- 
field,  the  thirty-eighth  : 

Sec.  39.  Those  in  Rochester,  Farmington  and  Milton  except  the 
north  company,  the  thirty-ninth  : 

Sec.  40.  Those  in  Hopkinton,  Henniker  and  Warner,  the  fortieth  : 
23 


178 


OFFICERS. 


[title  XTI. 


Sec.  41.  Those  in  Shelburnc,  Gorham,  Berlin,  Milan,  Randolph, 
and  Pinkham's  Grant,  the  forty-first  : 

Sec.  42.  And  the  companies  in  Lancaster,  Northnmberland,  Dal- 
ton,  Whitefield,  Stark,  Jefferson,  Carroll  and  Nash  and  Sawyer's 
Location  shall  constitute  the  forty-second  regiment. 

Sec.  43.  The  first,  third,  fourth  and  seventh  regiments  shall 
compose  the  first  brigade. 

Sec.  44.  The  second,  tenth,  twenty-fifth,  twenty-ninth  and 
thirty-ninth  regiments  shall  compose  the  second  brigade. 

Sec.  45.  The  eighth,  eleventh,  seventeenth,  eighteenth  and 
thirty-eighth  regiments  shall  compose  the  third  brigade. 

Sec  46.  The  fifth,  ninth,  twenty-first,  twenty-second,  twenty- 
sixth,  thirtieth  and  fortieth  regiments  shall  compose  the  fourth 
brigade. 

Sec.  47.  The  sixth,  twelfth,  fifteenth,  sixteenth,  twentieth, 
twenty-eighth  and  thirty-first  regiments  shall  compose  the  fifth 
brigade. 

Sec  48.  The  fourteenth,  twenty-third,  thirty-fourth,  thirty-fifth 
and  thirty-seventh  regiments  shall  compose  the  sixth  brigade. 

Sec  49.  The  nineteenth,  twenty-seventh,  thirty-third  and 
thirty-sixth  regiments  shall  compose  the  seventh  brigade. 

Sec  50.  The  thirteenth,  twenty-fourth,  thirty-second,  forty- 
first  and  forty-second  regiments  shall  compose  the  eighth  brigade. 

Sec  5L   The  first  and  third  brigades  shall  form  the  first  division. 

Sec  52.  The  second  and  seventh  brigades  shall  form  the  second 
division. 

Sec  53.  The  fourth  and  fifth  brigades  shall  form  the  third  di- 
vision. 

Sec  54.  The  sixth  and  eighth  brigades  shall  form  the  fourth 
division. 


CHAPTER  93. 


OF  OFFICERS. 


Section 

1.  Aids  to  the  captain  general. 

2.  Division  officers. 

3.  Brigade  officers. 

4.  Judge  advocate. 

5.  R,cgimental  officers. 

6.  Quartermaster. 

7.  Commissioned  company  officers. 

8.  Non-commissioned  officers. 

9.  Officers,  where  to  reside. 


Section 

10.  Removal,  ground  of  address. 

11.  Conviction  of  crime,  effect. 

12.  Resignations,  conditions  of. 

13.  "  time  of,  limited. 

14.  Bounds  of  parade  fixed. 

15.  Office  vacant,  who  shall  act. 

16.  Rank,  how  determined. 

17.  Officers   to   account   for  public  pro- 

perty. 


CHAP.  93.]  OFFICERS.  179 

Section  1.  The  captain  general  may  appoint  so  many  aids  de 
camp  as  he  shall  think  proper,  with  the  ranlc  of  colonel. 

Sec.  2.  Each  division  shall  be  commanded  by  a  major  general. 
A  division  inspector  and  a  division  quartermaster,  each  with  the 
rank  of  colonel,  and  two  aids  de  camp  with  the  rank  of  major  shall 
be  appointed  by  him  and  hold  their  offices  during  his  pleasure. 

Sec.  3.  Each  brigade  shall  be  commanded  by  a  brigadier  gene- 
ral. One  brigade  major  who  shall  be  inspector,  and  a  brigade 
quartermaster,  each  with  the  rank  of  major,  and  one  aid  de  camp 
with  the  rank  of  captain,  shall  be  appointed  by  the  brigadier  gene- 
ral and  hold  their  offices  during  his  pleasure. 

Sec  4.  One  judge  advocate  with  the  rank  of  major  shall  be 
appointed  to  each  brigade  by  the  governor  and  council,  and  shall 
hold  his  office  during  good  behavior. 

Sec.  5.  To  each  regiment  there  shall  be  a  colonel,  lieutenant 
colonel  and  major.  The  regimental  staff  shall  be  an  adjutant  with 
the  rank  of  captain,  a  quartermaster  and  paymaster  with  the  rank 
of  lieutenants,  a  surgeon,  surgeon's  mate  and  chaplain  appoint- 
ed by  the  colonel  and  commissioned  by  the  governor  ;  one  sergeant 
major,  one  quartermaster  sergeant,  one  drum  major  and  one  fife 
major  appointed  by  the  colonel ;  all  of  whom  shall  hold  their  offi- 
ces during  the  pleasure  of  the  colonel. 

Sec  6.  Each  quartermaster  shall  distribute  all  camp  equipage, 
colors,  musical  instruments,  military  books  and  other  public  pro- 
perty which  may  be  received  by  him  from  the  adjutant  general 
or  any  other  officer,  and  take  receipts  therefor  to  be  kept  by  him 
on  file. 

Sec  7.  There  shall  be  a  captain,  lieutenant  and  ensign  to  every 
company,  except  those  of  the  cavalry  and  artillery  which  shall  have 
a  captain  and  first  and  second  lieutenants.  They  shall  be  ap- 
pointed by  the  field  officers  and  commissioned  by  the  governor ; 
and  if  any  company  have  sixty-four  rank  and  file  enrolled  and 
equipped,  there  shall  be  appointed  to  such  company  an  additional 
lieutenant,  except  in  the  cavalry  companies. 

Sec  8.  Every  company  shall  have  four  sergeants,  appointed 
by  the  commissioned  officers  of  said  company,  and  [tvho  ?]  shall 
have  warrants  under  the  hand  of  the  captain,  countersigned  by 
the  clerk  and  recorded  in  the  orderly  book  of  said  company,  of 
whom  the  first  or  orderly  sergeant  shall  be  clerk  ;  and  four  cor- 
porals who  shall  be  appointed  by  the  captain  and  subalterns,  and 
shall  hold  their  offices  at  their  pleasure. 

Sec  9.  General  and  field  officers  shall  reside  within  the  limits 
of  their  respective  commands,  and  company  officers  within  the  limits 
assigned  to  their  companies  ;  but  where  there  are  several  companies 
in  any  town,  the  officers  may  reside  in  any  part  of  the  town. 

Sec  10.  If  any  officer  shall  remove  without  such  limits  to  reside 
without  resigning  his  commission,  it  shall  be  sufficient  cause  for  an 
address  for  his  removal. 


1 80  ADJUTANT    GENERAL.  [TITLE  XII. 

Sec.  11.  If  any  officer  shall  be  convicted  of  any  infamous  crime, 
he  shall  be  put  in  arrest,  and  application  shall  be  made  to  the  legis- 
lature for  his  removal. 

Sec.  12.  No  officer  shall  be  permitted  to  resign  while  under  ar- 
rest, nor  unless  the  field  officers  shall  certify  that  the  books  and 
other  public  property  for  which  he  is  responsible,  are  delivered  to 
the  colonel  or  other  officer  appointed  to  receive  them,  that  they 
may  be  delivered  to  his  successor. 

Sec.  13.  No  company  officer  shall  resign  between  the  first  day 
of  May  and  the  first  day  of  November,  nor  any  general  or  field 
officer  between  the  tenth  day  of  June  and  the  first  day  of  Novem- 
ber, unless  the  commander  in  chief  under  special  circumstances 
shall  think  the  public  good  requires  it. 

Sec.  14.  Every  commanding  officer  on  duty  may  ascertain  and 
fix  proper  bounds  to  his  parade,  not  including  any  travelled  road, 
within  which  no  spectator  shall  have  a  right  to  enter  without  his 
permission. 

Sec.  15.  In  case  any  military  office  shall  be  vacant  or  in  case  of 
the  absence  of  any  officer  from  the  limits  within  Avhich  he  is  by 
law  required  to  reside,  the  officer  next  in  rank  under  him  shall  have 
the  powers  and  perform  the  duties  of  such  office ;  but  no  staff"  offi- 
cer shall  be  removed  by  any  officer  temporarily  performing  the  du- 
ties of  a  higher  rank. 

Sec.  16.  The  relative  rank  of  officers  of  the  same  grade  shall  be 
determined  by  the  dates  of  their  commissions  ;  if  they  are  of  the 
same  date,  by  their  former  commissions,  if  any  ;  otherwise,  the 
oldest  man  shall  rank  first. 

Sec.  17.  Every  military  officer  shall  be  bound  to  account  to  the 
adjutant  general,  on  request,  for  all  military  books,  papers  or  any 
other  property  received  from  the  State  or  from  any  other  officer, 
and  for  all  fines  by  him  received  and  not  expended  for  purposes 
authorized  by  law. 


CHAPTER  94. 


OF  THE  ADJUTANT  GENERAL 


Section 

1.  His  powers  and  duties. 

2.  To  furnish  standards. 

3.  To  furnish  laws  and  military  books. 

4.  To  recover  public  property. 


Section 

5.  To  prosecute  for  injuries  to  public  pro- 

perty. 

6.  To  recover  penalties,  unless  remitted. 

7.  To  account  annually  for  money. 

8.  To  give  bond  to  the  State. 


Section  1.  The  adjutant  general  shall  have  the  rank  of  briga- 
dier general ;  shall  keep  his  office  at  Concord  ;  shall  distribute  all 
orders  of  the  commander  in  chief  and  record  them  in  his  orderly 


CHAP.  94.]  ADJUTANT    GENERAL.  181 

book  ;  keep  a  roster  of  appointments  and  resignations,  and  detail 
officers  for  courts  martial  and  other  special  service  ;  shall  furnish  all 
officers  who  are  required  to  keep  orderly  books  with  suitable  blank 
books ;  shall  furnish  proper  blanks  to  all  officers  who  are  required 
to  use  them,  with  suitable  explanations  ;  shall  attend  all  reviews 
by  the  commander  in  chief  and  inspect  the  militia  who  shall  be  so 
reviewed,  and  perform  all  other  duties  which  belong  to  the  office 
and  to  the  office  of  the  quartermaster  general. 

Sec.  2.  The  adjutant  general  shall  fiu-nish  each  regiment  and 
each  company  of  cavalry  and  artillery  with  a  standard  of  scarlet 
silk,  on  which  the  number  of  the  regiment  or  company  shall  be 
marked  with  white  silk  by  the  officer  receiving  the  same,  and  shall 
furnish  all  camp  equipage,  musical  instruments  and  other  things 
which  he  shall  be  by  law  authorized  to  purchase  for  the  militia. 

Sec  3.  The  adjutant  general  shall  distribute  to  the  several  offi- 
cers copies  of  the  militia  law,  Avhich  he  shall  from  time  to  time 
procure  for  that  purpose,  so  that  each  officer  entitled  thereto  shall 
have  a  copy,  and  shall  distribute  such  copies  of  military  books  as 
the  legislature  may  at  any  time  direct,  taking  receipts  therefor. 

Sec  4.  The  adjutant  general  may  sue  for  and  recover  in  the 
name  of  the  State; from  any  officer  who  may  have  resigned,  or  other 
person  whatever,  any  books,  papers  or  other  public  property  or 
moneys  received  for  fines  not  expended  for  purposes  authorized  by 
law,  which  they  shall  not  deliver  to  him  or  his  order  upon  request. 

Sec  5.  He  may  in  like  manner  sue  for  and  recover  all  penalties 
and  damages,  for  any  injury  which  may  be  done  by  any  person  to 
any  gun  house  or  ordnance,  or  the  carriage,  harness  or  apparatus 
belonging  thereto,  or  to  any  arms,  musical  instruments,  military 
books,  papers  or  other  military  property  belonging  to  the  State. 

vSec.  6.  He  shall  sue  for  and  recover  in  like  manner  all  penalties 
incurred  by  any  officer  for  neglect  to  make  returns  as  required  by 
law  ;  but  the  commander  in  chief  may  remit  such  penalties  in  cases 
where  he  shall  consider  such  neglect  excusable,  upon  a  report  of 
the  facts  made  to  him  by  the  adjutant  general. 

Sec  7.  The  adjutant  general  shall  annually  account  to  the  State 
for  all  moneys  which  shall  be  received  by  him  from  the  State,  or 
for  fines  or  forfeitures. 

Sec  8.  The  adjutant  general  shall  give  bond  with  sufficient 
sureties,  in  such  sum  as  the  governor  and  council  may  require,  not 
less  than  two  thousand  dollars  nor  more  than  ten  thousand  dollars, 
conditioned  for  the  faithful  discharge  of  the  duties  of  his  office,  to 
be  approved  by  the  governor  and  council. 


182  COMMISSARY    GENERAL.  [XITLE  XII. 

CHAPTER  95. 

OF  THE  COMMISSARY  GENERAL. 


Section 

1.  Commissary  general  to  give  bonds. 

2.  Commissary  general  to  have    care  of 

arsenal  at  Portsmoutii. 

3.  Commissary    general  to  have  care    of 


Section 

4.  Commissary  general  to  receive  arms 

from  United  States. 

5.  Commissary  general  to  deliver  arms  to 

companies. 

6.  Commissary  general  to  repair  and  cer- 


arsenal  at  Lancaster  by  deputy.       J  ^jjy  damages. 

Section  1,  The  commissary  general  shall  give  bonds  in  the  sum 
of  ten  thousand  dollars,  with  sufficient  sureties,  for  the  faithful  dis- 
charge of  the  duties  of  his  office  and  for  the  security  (casualties 
excepted)  of  the  public  property  committed  to  his  charge. 

Sec.  2.  He  shall  have  charge  of  tlie  arsenal  at  Portsmouth 
and  of  the  artillery,  arms  and  munitions  of  war  and  other  public 
property  which  is  or  may  be  deposited  therein. 

Sec  3.  He  shall  have  the  charge  of  the  arsenal  at  Lancaster,and 
shall  cause  to  be  kept  therein  such  artillery,  arms  and  military 
stores  as  the  legislature  direct,  to  be  under  the  care  of  a  deputy  to 
be  by  him  appointed,  who  shall  give  bonds  to  him  for  the  faithful 
performance  of  his  duties. 

Sec  4.  He  shall  receive  from  the  United  States  all  arms  and 
equipments  of  every  kind,  apportioned  to  this  State  under  the  act 
for  ai-ming  the  militia,  and  deposit  them  in  the  arsenal  at  Ports- 
mouth. 

Sec  5.  He  shall  deliver  from  the  arsenal  such  arms  as  any  mil- 
itary company  shall  be  by  law  entitled  to  receive,  upon  the  certifi- 
cate of  the  adjutant  general,  and  receive  therein  any  arms  which 
may  be  required  by  the  adjutant  general  to  be  there  returned,  and 
give  a  receipt  therefor. 

Sec  6.  If  any  such  arms  returned  to  the  arsenal,  shall  be 
damaged,  the  commissary  general  shall  cause  the  same  to  be  re- 
paired, and  certify  the  actual  expense  of  such  repairs  to  the  adjutant 
general. 


CHAP.  96] 


COURTS    MARTIAL. 


183 


CHAPTER  00. 


OF  COURTS  MARTIAL. 


Section 

1 .  Of  arrests,  how  made,  proceedings 

2.  Arrests    to  be    reported    to    adjutant 

general. 

3.  Courts  martial,  how  ordered. 

4.  Courts  martial,  how  constituted. 

5.  Oath  of  members. 

6.  Oath  of  judge  advocate. 

7.  Challenges. 

8.  Court  to  sit  by  day  only. 

9.  Manner  of  making  a  decision. 
10.  Sentences,  what  may  be  passed. 
IL  Court  to  preserve  order. 
12.  Copy  of  charges  to  be  furnished. 


Section 

13.  Limitation  of  prosecutions. 

14.  Proceedings  when  accused  refuses  to 

appear,  or  to  answer. 

15.  Oath  to  witnesses. 

16.  Attendance  of  witnesses  compelled. 

17.  Attendance  of  judge  advocate  upon 

the  court. 

18.  Minutes  of  proceedings  to  be  kept. 

19.  Certain  proceedings  to  be  in  writing 

20.  Records  to  be  deposited  in  adjutant 

general's  office. 

21.  Fees  in  courts  martial. 

22.  Roll  of  fees  to  be  made. 


Section  1.  If  any  officer  shall  neglect  to  perform  the  duties  of 
his  office,  or  to  obey  the  rightful  order  of  his  superiors,  or  shall  at 
any  time  be  guilty  of  unofficer-like  or  ungentleman-like  conduct, 
he  may  be  put  under  arrest  by  his  superior  officer  and  tried  by  a 
court  martial.  If  any  officer  under  arrest  shall  exercise  any  mili- 
tary command,  he  shall  on  conviction  by  a  court  martial  be  cash- 
iered. 

Sec.  2.  Every  arrest,  with  the  cause  thereof,  shall  be  reported 
without  delay  by  the  officer  ordering  the  same,  to  the  adjutant 
general,  to  be  laid  before  the  commander  in  chief. 

Sec  3.  The  commander  in  chief  on  examination  of  the  report 
may  discharge  the  officer  from  arrest,  if  in  his  opinion  the  case 
does  not  call  for  a  court  martial,  or  may  order  a  court  martial  for 
his  trial. 

Sec  4.  Every  court  martial  shall  consist  of  a  president,  four 
members,  a  judge  advocate  and  marshal.  The  president  and  mar- 
shal shall  be  ajipointed  by  the  commander  in  chief.  The  members 
with  two  supermmieraries  from  whom  any  vacancy  shall  be  filled, 
shall  be  regularly  detailed  by  the  adjutant  general  from  the  general 
roster,  from  such  regiments  or  brigades  as  in  the  opinion  of  the 
commander  in  chief  may  most  conveniently  furnish  them. 

Sec  5.  Before  proceeding  to  any  trial,  the  judge  advocate  shall 
administer  to  the  president  and  each  of  the  members  separately  the 
following  oath  : 

"  You  swear  that  without  partiality,  favor,  affection,  prejudice  or 
hope  of  reward  you  will  well  and  truly  try  the  cause  now  before 
you,  between  the  State  and  the  person  to  be  tried,  and  that  you 
will  not  divulge  the  sentence  of  the  court  until  it  is  approved  or 
disapproved,  and  that  you   will  not  on  any  account  at  any  time 


184  COURTS    MARTIAL.  [tITLE  XII. 

whatever  discover  the  vote  or  opinion  of  any  member,  unless  re- 
quired to  give  evidence  thereof  as  a  witness  by  a  court  of  justice 
in  a  due  course  of  law.     So  help  you  God." 

Sec.  6.  And  the  president  shall  administer  to  the  judge  advocate 
the  following  oath : 

"  You  swear  that  you  will  faithfully  and  impartially  discharge 
your  duties  as  judge  advocate  on  this  occasion,  as  well  to  the  State 
as  the  accused,  and  that  you  will  not  on  any  account  at  any  time 
whatever  divulge  the  vote  or  opinion  of  any  member  of  this  court 
martial,  unless  required  to  give  evidence  thereof  as  a  witness  by  a 
court  of  justice  in  a  clue  course  of  law.     So  help  you  God." 

Sec.  7.  After  the  president,  members  and  judge  advocate  are 
sworn,  any  member  may  be  challenged  either  on  the  part  of  the 
government  or  of  the  accused,  the  cause  of  challenging  being 
stated  in  writing,  and  the  validity  thereof  shall  be  determined  by 
the  court,  the  members  objected  to  not  voting.  One  member  only 
can  be  challenged  at  once. 

Sec.  8.   Trials  by  court  martial  shall  be  in  the  day  time  only. 

Sec  9.  On  all  questions  the  opinions  of  the  youngest  member 
in  commission  shall  be  first  taken,  and  so  on  regularly  to  the  oldest, 
and  unless  two  thirds  of  the  members  agree  that  the  accused  is 
guilty,  he  is  acquitted. 

Sec  10.  Courts  martial  may  sentence  any  officer  convicted  by 
them,  to  be  cashiered  or  reprimanded  in  orders,  or  may  impose  a 
fine  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars, 
which  may  be  recovered  by  the  adjutant  general  in  an  action  of 
debt  in  the  name  of  the  State,  in  any  proper  court.  If  any  officer 
shall  be  sentenced  to  be  cashiered,  the  court  shall  adjudge  him  in- 
capable of  holding  any  military  office  for  life  or  a  term  of  years, 
according  to  the  aggravation  of  his  offence. 

Sec  11.  Courts  martial  are  authorized  to  preserve  order  during 
their  session,  and  if  any  person  in  their  presence  shall  behave  in  a 
disorderly  manner,  or  make  any  tumult  in  or  disturb  such  court, 
and  shall  not  upon  command  of  the  marshal  desist  therefrom,  the 
court  may  confine  such  person  for  a  time  not  exceeding  eight 
hours. 

Sec  12.  Every  officer  to  be  tried  by  a  court  martial,  shall  be 
put  in  arrest  and  shall  be  brought  to  trial  without  unnecessary  de- 
lay. A  copy  of  the  charges  and  notice  of  the  time  and  place  ap- 
pointed for  his  trial,  shall  be  given  him  at  least  ten  days  before  the 
trial  is  commenced. 

Sec  13.  No  officer  shall  be  tried  before  a  court  martial,  for  any 
offence  committed  more  than  one  year  before  complaint  in  writing 
is  made  therefor,  unless  by  reason  of  absence  or  other  manifest 
impediment  he  shall  not  have  been  amenable  to  justice  within  that 
period. 

Sec  14.  If  any  officer  for  the  trial  of  whom  a  court  martial  is 
appointed,  shall  not  appear,  or  shall  Mnthdraw  in  contempt  of  court, 


CHAP.  96.]  COURTS  MARTIAL.  185 

or  being  arraigned  shall  from  obstinacy  or  deliberate  design  stand 
mute  or  answer  foreign  to  the  purpose,  the  court  shall  proceed  to 
trial  and  judgment  as  if  he  had  pleaded  not  guilty. 

Sec.  15.  The  judge  advocate  shall  administer  the  following  oath 
or  affirmation  to  all  witnesses  required  to  give  evidence  before  any 
court  martial  or  court  of  inquiry  : 

"You  swear,  (or  affirm^  as  the  case  may  be,)  that  the  evidence 
you  shall  give  in  relation  to  the  charge  now  in  hearing  shall  be  the 
truth,  the  whole  truth  and  nothing  but  the  truth.  So  help  you 
God."  (Or,  "  this  you  do  under  the  pains  and  penalties  of  perjury," 
in  case  the  witness  shall  affirm.) 

Sec.  16.  Courts  martial  may  compel  witnesses  duly  summoned 
as  in  civil  cases,  to  appear  and  testify,  by  attachment  and  by  fine 
and  imprisonment,  in  the  same  manner  as  courts  of  common  law 
may  lawfully  do. 

Sec.  17.  The  judge  advocate  shall  attend  all  courts  martial 
which  shall  be  ordered  in  his  brigade,  and  in  case  of  his  inability 
or  of  any  legal  impediment  to  his  acting,  the  commander  in  chief 
may  designate  the  judge  advocate  of  another  brigade  or  appoint  a 
special  judge  advocate  for  any  court. 

Sec.  18.  The  judge  advocate  shall  keep  accurate  minutes  of  the 
proceedings  of  the  court  and  of  the  evidence,  and  shall  impartially 
state  the  evidence  for  and  against  the  accused,  and  shall  transmit 
such  minutes  signed  by  the  president  of  the  court  martial  and  him- 
self, with  the  papers  used  at  the  trial  or  certified  copies  thereof,  to 
the  commander  in  chief,  under  seal. 

Sec.  19.  The  statement  of  the  complainant  and  the  defence  of 
the  accused,  all  motions  and  objections  to  evidence,  and  opinions 
of  the  judge  advocate  on  questions  of  law,  shall  be  in  writing  and 
entered  on  the  minutes  or  annexed  thereto. 

Sec.  20.  The  original  records  of  all  courts  martial  shall  be  de- 
posited and  preserved  in  the  office  of  the  adjutant  general,  and  the 
accused  shall  be  entitled  to  a  copy  thereof,  upon  paying  the  same 
fees  as  are  allowed  for  copies  to  the  secretary  of  state. 

Sec.  21.  The  fees  for  services  rendered  on  courts  martial,  shall 
be  as  follows :  to  the  president,  members,  supernumeraries,  judge 
advocate  and  marshal,  one  dollar  and  twenty-five  cents  a  day  each, 
and  four  cents  a  mile  for  travel  to  and  from  court  ;  to  the  judge 
advocate  for  drawing  necessary  papers,  for  copies  and  recording, 
twelve  and  a  half  cents  for  each  page  of  two  hundred  and  twenty- 
four  words  ;  to  the  marshal  for  notifying  members,  supernumeraries 
or  the  accused  of  the  time  and  place  of  trial,  three  cents  a  mile  for 
all  necessary  travel  out  and  in,  and  twenty-three  cents  for  each 
notification,  and  for  summoning  witnesses  twenty-three  cents  each  ; 
to  the  marshal  or  sheriff  for  committing  any  person  for  refusing  to 
give  evidence,  the  same  fees  as  are  allowed  to  sheriffs  for  like 
services  on  civil  process  ;  to  witnesses,  the  same  fees  as  are  allowed 
to  witnesses  at  the  court  of  common  pleas. 
24 


186 


COURTS    OF    INQUIRY. 


[title    XII. 


Sec.  22.  A  roll  shall  be  made  by  the  judge  advocate  of  all  fees, 
charges  and  expenses,  specifying  the  services  and  to  whom  due, 
and  the  president  and  judge  advocate  shall  certify  that  the  fees 
and  charges  are  legal,  and  that  the  contingent  expenses  were  neces- 
sary and  the  charges  reasonable.  And  the  same  being  transmitted 
with  the  record  of  [to?]  the  governor,  he  shall,  with  the  advice  of  the 
council,  draw  an  order  on  the  treasurer  for  so  much  thereof  as  he 
shall  deem  reasonable  and  proper,  in  favor  of  the  president  of  the 
court. 


CHAPTER  97. 


OF  COURTS  OF  INQUIRY. 


Section 

1.  Court  of  inquiry,  how  ordered. 

2.  Court,  how  constituted. 

3.  Oath  of  members. 

4.  Oath  of  judge  advocate. 


Section 

5.  Parties  may  offer  evidence. 

6.  Court,  not  to  give  opinion. 

7.  Powers  and  fees  of  such  court. 


Section  1.  The  commander  in  chief  may  order  courts  of  inquiry 
to  examine  into  the  nature  of  any  transaction,  or  any  accusation  or 
imputation  against  any  officer,  or  for  the  purpose  of  settling  military 
questions,  or  for  other  purposes  relative  to  good  order  and  discipline. 

Sec  2.  Courts  of  inquiry  shall  consist  of  three  officers  and  a 
judge  advocate,  to  be  designated  by  the  commander  in  chief. 

Sec.  3.  The  judge  advocate  shall  administer  to  each  of  the  offi- 
cers composing  a  court  of  inquiry  the  following  oath  :  "You  swear 
that  you  will  well  and  truly  examine  and  inquire  into  the  matter 
now  before  you,  without  partiality,  favor,  prejudice,  affection  or 
hope  of  reward.     So  help  you  God." 

Sec  4.  The  president  shall  then  administer  to  the  judge  advo- 
cate the  following  oath :  "  You  swear  that  you  will  impartially  re- 
cord the  proceedings  of  the  court  and  the  evidence  to  be  given  in 
the  case  in  hearing.     So  help  you  God."' 

Sec  5.  Parties  personally  interested  shall  be  notified,  and  shall 
be  permitted  to  cross-examine  witnesses  and  introduce  evidence,  so 
as  fairly  to  investigate  the  circumstances  in  question. 

Sec  6.  These  courts  shall  not  give  their  opinion  on  the  merits 
of  the  case  unless  specially  required ;  but  their  proceedings  shall  be 
signed  by  the  president  and  judge  advocate  and  transmitted  to  the 
commander  in  chief. 

Sec  7.  They  shall  have  the  same  powers  in  relation  to  the 
summoning  and  examination  of  witnesses,  and  the  preservation  of 
order,  as  courts  martial,  and  shall  be  entitled  to  the  same  fees  for 
their  services  to  be  allowed  and  paid  in  the  same  manner. 


CHAP.  98.] 


INSPECTlOiN'S. 


187 


CHAPTER  98. 


OF  THE  INCORPORATION  OF  MILITARY  COMPANIES. 


Section 

1.  Companies    may    assume    corporate 

powers. 

2.  Extent  of  their  powers. 


Section 

3.  By-laws. 

4.  Legislature  may  abolish. 


Section  1.  Any  company  of  cavalry,  artillery,  grenadiers,  light 
infantry  or  riflemen  duly  organized  according  to  law,  may  assume 
a  name  and  style  by  which  such  company  may  be  known  and  dis- 
tinguished in  law,  give  notice  thereof  in  writing  to  the  adjutant 
general,  and  give  public  notice  thereof  by  publishing  the  same  in 
some  newspaper,  if  any  in  the  county,  otherwise  in  an  adjoining 
county  ;  and  shall  then  become  a  body  politic  and  corporate. 

Sec.  2.  Such  incorporated  companies  shall  have  the  powers  and 
be  subject  to  the  liabilities  of  similar  corporations^  and  may  hold 
real  and  personal  estate  to  an  amount  not  exceeding  two  thousand 
dollars. 

Sec.  3.  They  may  make  such  by-laws  and  regulations  relative 
to  the  enlistment,  uniform  and  equipment  of  the  company,  con- 
sistent with  the  laws,  as  they  may  think  proper ;  but  no  taxes  or 
assessments  shall  be  raised  but  by  consent  of  two  thirds  of  the 
members. 

Sec  4.  The  legislature  may  at  any  time  abolish  or  modify  such 
corporations,  as  they  may  deem  the  public  interest  to  require. 


TITLE   XIII. 

OF   THE    INSPECTION    AND    SALE    OF    PROVISIONS   AND 
MERCHANDISE,  AND  THE  REGULATION  OF  TRADE. 


Chapter    99.  Of  the  appointment  and  duties  of  inspectors. 

Chapter  100.   Of  the  inspection  of  beef  and  pork. 

Chapter  lOL   Of  the  inspection  of  butter  and  lard. 

Chapter  102.   Of  the  inspection  of  hops. 

Chapter  103.   Of  the  inspection  of  fish. 

Chapter  104.  Of  the  inspection  of  pot  and  pearl  ashes. 

Chapter  lOo.  Of  the  inspection  of  gunpowder. 


188 


APPOINTMENT    OF    INSPECTORS.  [TITLE  XIII. 


Chapter  106.   Of  the  inspection  of  lumber,  &c. 
Chapter  107.   Of  the  sale  of  hay,  leather  and  cord  wood. 
Chapter  108.   Of  measurers  of  grain  in  Portsmouth. 
Chapter  109.   Of  the  weight  of  oats,  potatoes  and  bread. 
Chapter  110.  Of  weights  and  measures. 


CHAPTER  99. 


OF  THE  APPOINTMENT  AND  DUTIES  OF  INSPECTORS. 


Section 

1.  Inspectors' term  of  office. 

2.  "  how  appointed. 

3.  "  to  be  sworn  and  give  bonds. 

4.  Deputies,  appointment  and  duties. 


Section 

5.  Oaths,  by  whom  administered. 

6.  If  vacancy  occurs,  deputies  to  act. 

7.  Word  inspector  to   include  deputy   in- 

spectors. 


Section  1.  There  shall  be  inspectors  of  beef  and  pork,  of  pot 
and  pearl  ashes,  of  gunpowder,  of  butter  and  lard,  of  hops  and  of 
fish;  and  the  inspectors  now  appointed  shall  hold  their  offices  for 
the  term  of  five  years,  unless  sooner  removed  by  the  governor  and 
council. 

Sec.  2.  The  said  inspectors  shall  be  appointed  b)^  the  governor, 
with  the  advice  and  consent  of  the  council,  and  shall  hold  their 
offices  for  the  term  of  five  years,  unless  sooner  removed  by  the  gov- 
ernor and  council. 

Sec.  3.  Each  inspector  before  entering  upon  the  duties  of  his 
office,  shall  be  sworn  to  the  faithful  discharge  thereof  and  shall  give 
bond  to  the  State,  with  sufficient  sureties  to  the  satisfaction  of  the 
treasurer  thereof,  in  the  sum  of  two  thousand  dollars. 

Sec  4.  Each  inspector  shall  appoint  so  many  deputy  inspectors 
as  may  be  necessary,  removable  at  his  pleasure,  and  for  whom  he 
shall  be  answerable,  each  of  whom  before  entering  upon  the  duties 
of  his  office  shall  be  sworn  to  the  faithful  discharge  thereof  and 
shall  give  bond  to  him,  with  sufficient  sureties,  in  a  sum  not  ex- 
ceeding one  thousand  dollars,  and  shall  once  in  six  months  or  often- 
er,  if  requested,  make  such  returns  to  him  as  he  may  require. 

Sec  5.  All  oaths  required  by  this  chapter  to  be  taken  by  any 
deputy,  may  be  administered  by  the  inspector,  and  all  oaths  required 
to  be  taken  in  the  inspection  of  provisions  or  merchandise,  may  be 
administered  by  the  inspector  or  any  deputy,  or  in  either  of  said 
cases  by  any  justice  of  the  peace. 

Sec  6.  If  any  vacancy  shall  occur  in  the  office  of  inspector,  his 
deputies  shall  continue  to  perform  their  duties,  and  shall  possess  the 
same  powers  and  be  subject  to  the  same  liabilities  as  if  no  vacan- 
cy had  occurred,  until  an  inspector  shall  be  appointed  and  duly 
qualified. 

Sec.  7.  The  word  inspoctoi-  in  this  title  may  include  deputy  in- 
spector. 


CHAP.    100]  INSPECTIO.N    OF    BEEF    AIND    PORK. 


189 


CHAPTER  100. 


OF  THE  INSPECTION  OF  BEEF  AND  PORK. 


Section 

1.  No  beef  or  pork  to  be  exported  unless 

inspected. 
2    Inspector  shall  attend  when  required 

3.  "         to  make  return  annually. 

4.  Quality  of  beef  to  be  packed. 

5.  Sorts  and  denominations  of  beef. 

6.  Beef,  how  to  be  salted. 

7.  Beef,  &c.,  for  U.  S.  excepted. 

8.  Quality  of  casks,  and  their  contents. 

9.  Beef,  how  branded. 

10.  Pork   to  be  inspected  before  exporta- 

tion. 

11.  Pork,  how  to  be  salted. 

12.  Quality  of    barrels,  &.C.,   and  their 

contents. 

13.  Pork,  how  branded. 

14.  Penalty  for  inspecting  out  of  district. 

15.  Penalty  for  counterfeiting  inspector's 

brand. 

16.  Fees  of  inspection. 


Section 

17.  Penalty   for  neglect  or  fraud  of  in- 

spector. 

18.  Penalty  for  intermixing  or  shifting. 

19.  Certificate    of  inspection    for   clear- 

ance. 

20.  Oath  to  be  taken  by  master. 

21.  Fees  for  such  certificate. 

22.  Penalty  for  shipping  beef  or  pork  not 

inspected, 

23.  Justice  may  issue  w^arrant,  or  seizure 

may  be  made  without  warrant. 

24.  Proceedings  in  case  of  seizure. 

25.  Coastwise  shipments  embraced. 

26.  Weighers  of  beef,  when  and  how  ap- 

pointed. 

27.  Weighers  to  give  certificate. 

28.  Fees  for  weighing  and  certificate. 

29.  Penalty  for  purchasing  without  weigh- 

ing. 


Section  1.  No  person  shall  ship  or  export  from  this  State  any- 
salted  beef  except  in  tierces,  barrels  or  half  barrels,  excepting  rounds 
of  beef  in  kegs  or  tubs  having  the  name  of  the  owner  and  the  town 
in  which  he  resides,  branded  on  one  head  of  each  keg  or  tub,  nor 
any  salted  pork  except  in  barrels  or  half  barrels,  each  of  the  quali- 
ty, weight  and  dimensions  hereinafter  provided,  nor  unless  the 
contents  thereof  are  inspected  and  packed,  and  the  casks  branded 
agreeably  to  the  provisions  of  this  chapter. 

Sec.  2.  The  inspector  or  any  deputy,  when  requested,  shall  at- 
tend as  soon  as  may  be  at  any  suitable  place  within  the  county  in 
which  he  resides,  for  the  purpose  of  inspecting  beef  or  pork,  and 
shall  see  that  the  same  is  properly  weighed,  packed  and  salted. 

Sec.  3.  The  inspector  shall  annually  on  or  before  the  first 
Wednesday  of  June,  make  a  return  to  the  governor  of  the  whole 
number  of  tierces,  barrels  and  half  barrels  of  beef,  and  barrels  and 
half  barrels  of  pork  inspected  by  him  or  his  deputies  during  the 
year  preceding,  designating  the  different  sorts  of  beef  and  pork  and 
the  place  at  which  each  was  inspected. 

Sec.  4.  No  beef  shall  be  packed  in  tierces,  barrels  or  half  barrels 
for  exportation,  unless  it  be  of  fat  cattle  not  under  two  years  old ; 
and  all  such  beef  shall  be  cut  into  pieces  as  nearly  square  as  may 
be,  and  of  not  more  than  eight  pounds  nor  less  than  four  pomids 
in  weight. 


190  INSPECTION   OF    BEEF    AND    PORK.  [tITLE  XIII. 

Sec.  5.  All  beef  which  the  inspector  or  his  deputy  shall  on  ex- 
amination find  to  have  been  killed  at  a  proper  age,  and  to  be  fat 
and  otherwise  good  and  merchantable,  shall  be  divided  into  four 
different  sorts  to  be  denominated  and  the  casks  branded  respective- 
ly, mess  hcef,  No.  1  beef,  prime  beef,  and  cargo  beef. 

Mess  beef  shall  consist  of  the  choice  pieces  of  oxen  or  steers 
well  fatted  and  weighing  six  hundred  pounds  or  upwards :  the  shin, 
shoulder,  clod  and  neck  shall  be  taken  from  each  fore  quarter,  and 
the  leg  and  the  leg  rand  from  each  hind  quarter ;  and  each  cask 
containing  beef  of  this  description  shall  be  branded  on  one  of  the 
heads  with  the  words,  mess  beef 

No.  1  beef  shall  consist  of  the  choice  pieces  of  oxen,  steers, 
cows  or  heifers  not  under  four  hundred  pounds  weight,  without 
any  necks  or  shanks,  and  on  one  head  of  each  cask  containing 
beef  of  this  description  shall  be  branded  the  words.  No.  1  beef 

Pi'wie  beef  shall  consist  of  fat  cattle  of  all  descriptions  not  be- 
fore mentioned,  (bulls  excepted,)  of  two  years  old  and  upwards, 
with  not  more  than  half  a  neck  and  two  shanks  to  each  barrel, 
without  any  hocks,  and  the  same  proportion  to  the  tierce  and  half 
barrel,  and  each  cask  containing  beef  of  this  description  shall  be 
branded,  prime  beef. 

Cargo  beef  shall  consist  of  those  pieces  which  are  excluded 
from  mess,  No.  1  and  prime  beef,  together  with  the  end  of  the 
necks  and  the  hocks,  and  also  such  cattle  as  are  excluded  from 
the  same,  and  each  cask  containing  beef  of  this  description  shall 
be  branded,  cargo  beef 

Sec.  6.  Every  barrel  of  beef  shall  be  well  salted  with  seventy- 
five  pounds  of  clean  St.  Ubes,  Isle  of  May,  Lisbon,  or  Turk's  Island 
salt  or  other  salt  of  equal  quality,  or  eighty  pounds  of  coarse  Liv- 
erpool salt  or  other  salt  of  equal  quality,  exclusive  of  a  pickle  made 
of  fresh  water  as  strong  as  salt  can  make  it,  to  which  shall  be 
added  six  ounces  of  saltpetre  to  each  barrel  of  mess  beef,  and  four 
ounces  to  each  barrel  of  No.  1,  prime  or  cargo  beef;  and  to  each 
tierce  and  half  barrel,  exclusive  of  said  pickle,  shall  be  put  salt  and 
saltpetre  in  the  like  proportions,  according  to  the  quantity  and  sorts 
of  beef  packed  therein. 

Sec.  7.  Whenever  beef  shall  be  put  up  for  the  govermiient  of 
the  United  States,  the  inspector  or  his  deputy  may  inspect  the  same 
according  to  contract  and  brand  the  same,  navy,  or  navy  mess. 

Sec.  8.  Every  tierce,  barrel  and  half  barrel  in  which  beef  shall 
be  packed  for  exportation,  shall  be  made  of  good  seasoned  white 
oak  or  white  ash  staves  and  heading,  of  rift  timber  free  from  any 
defect ;  each  tierce  shall  contain  three  hundi'ed  pounds,  each  barrel 
two  hundred  pounds,  and  each  half  barrel  one  hundred  pounds  of 
beef;  each  barrel  shall  measure  sixteen  and  a  half  inches  between 
the  chines  and  twenty-eight  inches  in  length,  and  the  half  barrels 
shall  not  contain  less  than  fifteen  gallons ;  the  tierces,  barrels  and 
half  barrels  shall  be  covered  three  fourths  of  their  length  with  good 


CHAP.    100.]  INSPECTION   OF    BEEF    AND    PORK.  191 

oak,  ash  or  walnut  hoops  which  shall  be  well  set  and  driven  toge- 
ther, leaving  one  fourth  in  the  middle  of  the  cask  uncovered,  and 
the  heads  shall  be  of  a  proper  thickness. 

Sec.  9.  Every  tierce,  barrel  and  half  barrel,  in  which  beef  is 
packed  for  exportation,  shall  be  legibly  branded  with  the  first  letter 
of  the  christian  name  and  the  whole  of  the  surname  of  the  inspect- 
or who  shall  have  inspected  the  same,  the  name  of  the  town  where 
it  was  inspected,  the  abbreviation,  N.  H.,  the  name  of  the  person 
for  whom  packed  and  the  year  of  the  inspection. 

Sec.  10.  All  pork  packed  in  barrels  or  half  barrels  for  exporta- 
tion, shall  be  sorted  by  the  inspector  or  his  deputy,  and  denomina- 
ted and  branded  respectively,  extra  clear,  clear,  hone  'middlings, 
mens,  navy  mess,  No.  1,  prime,  and  cargo  pork,  and  in  all  cases  the 
following  pieces  shall  be  taken  out  as  refuse,  viz  :  nose  pieces,  ears, 
brains,  tails,  feet  and  lard. 

Extra  clear  pork  shall  consist  of  the  clear  pork  from  well  fatted 
hogs  weighing  not  less  than  three  hundred  pounds  each,  excluding 
heads,  necks,  shoulders,  legs,  chine  bones  and  spareribs,  and  the 
lean  and  blades  from  the  backs  of  shoulders. 

Clear  pork  shall  consist  of  the  clear  pork  from  well  fatted  hogs 
weighing  not  less  than  two  hundred  and  fifty  pounds  each,  exclu- 
ding heads,  necks,  legs,  shoulders,  chine  bones,  spareribs  and  the 
lean  and  blades  from  the  backs  of  shoulders. 

Bone  middlings  shall  consist  of  middle  pieces  taken  from  hogs 
well  fatted,  and  weighing  two  hundi-ed  and  thirty  pounds  or  up- 
wards. 

Mess  pork  shall  consist  of  the  pork  of  well  fatted  hogs  weighing 
not  less  than  two  hundred  pounds  each,  and  excluding  heads,  necks, 
legs  and  shoulders. 

Navy  mess  pork  shall  consist  of  all  parts  of  the  carcass  of  well 
fatted  hogs  weighing  not  less  than  one  hundred  and  sixty  pounds, 
except  the  head,  fore  and  hind  legs,  shoulder  joint,  lard  and  the 
refuse  parts  aforesaid. 

No.  1  pork  shall  consist  of  all  parts  of  hogs  well  fatted,  averaging 
two  hundred  and  twenty  pounds  or  upwards,  and  none  of  which 
shall  weigh  less  than  one  hundred  and  eighty  pounds  each,  with 
no  more  heads,  legs,  shoulders  or  other  coarse  parts  than  belong  to 
one  carcass,  and  excluding  the  refuse  aforesaid. 

Prime  pork  shall  consist  of  all  parts  of  one  hog  and  a  half  Avell 
fatted,  which  shall  weigh  two  hundred  pounds,_  deducting  the 
refuse  aforesaid,  and  prime  pork  in  half  barrels  shall  consist  of  pig 
pork,  all  parts  of  one  carcass  or  not,  but  not  to  contain  the  head  or 
legs  of  more  than  one  carcass. 

Cargo  pork  shall  consist  of  all  other  kinds  of  pork  of  an  unmer- 
chantable but  wholesome  quality. 

All  barrels  or  casks  filled  with  pork  heads  or  feet,  shall  be  legi- 
bly branded,  pork  heads  or  pork  feet,  as  the  case  may  be. 

If  any  leg  of  pork  shall  be  taken  from  any  barrel,  its  place  shall 


192  INSPECTION    OF    BKEl'    A.ND     I'UUK.  [tI'J  LE  XIII. 

l)G  siipi)lie(]  by  the  shoulder  from  a  hog  weighing  not  less  than  two 
hundred  and  fifty  pounds,  and  any  deficiency  of  such  shoulder  in 
weight  shall  be  made  up  of  pieces  not  less  valuable  than  such  leg. 

Sec.  11.  Each  barrel  of  pork  shall  be  well  salted  with  seventy 
pounds  of  clean  coarse  salt,  in  addition  to  a  strong  pickle  and  salt- 
petre, and  each  half  barrel  in  the  same  proportion. 

Sec  12.  Every  barrel  and  half  barrel  in  which  pork  shall  be 
packed  for  exportation,  shall  be  made  of  good  seasoned  white  oak 
or  white  ash  staves  and  heading,  of  rift  timber  free  from  defect ; 
each  barrel  shall  contain  two  hundred  pounds,  and  each  half  barrel 
one  hundred  pounds  weight  of  pork  :  each  barrel  shall  be  seven- 
teen and  a  quarter  inches  between  the  chines,  and  contain  not  less 
than  thirty-one  and  a  half  gallons,  and  all  the  barrels  and  half  bar- 
rels shall  be  covered  three  fourths  of  the  length  thereof  with  good 
oak,  ash  or  walnut  hoops,  leaving  one  fourth  of  the  space  in  the 
centre  of  each  uncovered. 

Sec.  13.  All  barrels  and  half  barrels  of  pork  packed  for  exporta- 
tion, shall  be  legibly  branded  on  one  head  with  the  first  letter  of 
the  christian  name  and  the  whole  of  the  surname  of  the  inspector 
who  has  inspected  the  same,  the  name  of  the  town  where  it  was 
inspected,  and  the  abbreviation,  N.  H.,  the  quantity  and  quality  of 
pork  in  each,  and  the  first  six  sorts  aforesaid  with  the  name  of  the 
person  for  whom  it  was  packed. 

Sec.  14.  If  any  deputy  appointed  under  this  chapter,  shall  in- 
spect or  brand  any  cask  of  beef  or  pork  out  of  the  limits  of  the 
town  or  of  the  county  for  which  he  shall  be  appointed,  he  shall 
forfeit  fifty  dollars  for  each  offence. 

Sec.  15.  If  any  person  other  than  said  inspector  or  his  deputy, 
shall  inspect  or  brand  any  cask  of  beef  or  pork  in  the  manner  di- 
rected in  this  chapter,  he  shall  forfeit  fifty  dollars  for  each  cask  so 
unlawfully  branded. 

Sec  16.  The  inspector  or  his  deputy  shall  receive  for  each  tierce 
of  beef  inspected  and  branded,  twelve  and  a  half  cents,  for  each 
barrel  of  beef  or  pork  so  inspected  and  branded,  ten  cents,  and  for 
each  half  barrel  six  cents,  exclusive  of  cooperage,  which  sums  shall 
be  paid  by  the  shipper.  The  inspector  shall  receive  from  his  dep- 
uty four  cents  for  each  tierce,  three  cents  for  each  barrel,  and  two 
cents  for  each  half  barrel  of  beef  or  pork  inspected  or  branded  by 
him.  The  payment  of  the  fees  of  inspection  of  any  beef  or  pork 
shall,  if  required,  be  secured  to  the  inspector  or  deputy  before  the 
same  is  branded. 

Sec  17.  If  the  inspector  or  his  deputy  shall  be  guilty  of  any 
neglect  or  fraud  in  inspecting  any  beef  or  pork,  contrary  to  the 
true  intent  of  this  chapter,  or  shall  brand  any  cask  not  actually  by 
him  inspected,  he  shall  forfeit  ten  dollars  for  each  cask  in  respect 
to  which  such  offence  is  committed. 

Sec  18.  If  any  person  shall  intermix,  take  out  or  shift  any  beef 
or  pork  from  any  cask  legally  inspected  or  branded,  or  put  into  the 


CHAP.   100.]  INSPECTION    OF    BEEF    AND    PORK.  193 

same  any  other  beef  or  pork  for  expoi'tation,  contrary  to  the  intent 
of  this  chapter,  he  shall  forfeit  for  each  offence  twenty  dollars. 

Sec.  19.  No  salted  beef  or  pork  shall  be  exported  from  this  State, 
unless  the  master  or  owner  of  the  vessel  in  which  the  same  shall 
be  exported,  shall  produce  to  the  collector,  or  some  other  officer 
authorized  by  the  laws  of  the  United  States  to  clear  vessels  out,  a 
certificate  from  the  inspector  or  his  deputy,  that  the  same  has  been 
inspected  and  branded  according  to  law ;  and  each  certificate  shall 
express  the  number  of  tierces,  barrels  and  half  barrels  of  beef  or 
pork  of  each  sort. 

Sec.  20.  Such  master  or  owner,  on  producing  said  certificate, 
shall  take  and  subscribe  the  following  oath  before  the  clearance 
officer  aforesaid. 

"  I,  A.  B.,  of  ,  do  swear  that  according  to  the  best  of  my 

knowledge  and  belief,  the  certificate  hereunto  annexed,  contains 
the  whole  quantity  of  salted  beef  and  pork  on  board  the  , 

master,  and  that  no  salted  beef  or  pork  is  shipped  on  board 
said  vessel  for  the  ship's  company,  on  freight  or  on  cargo,  but  what 
is  inspected  and  branded  according  to  the  laws  of  this  State.  So 
help  me  God." 

Sec.  21.  The  inspector  or  his  deputy  shall  receive  for  such  cer- 
tificate twenty-five  cents  for  a  quantity  not  exceeding  one  hundred 
tierces,  barrels  or  half  barrels  of  beef  or  pork  ;  fifty  cents  if  the 
quantity  exceeds  one  hundred  and  is  less  than  two  hundred ;  and 
one  dollar  if  it  exceeds  two  hundred  tierces,  barrels  or  half  barrels, 
and  he  shall  give  such  certificate  on  payment  of  said  fees,  when- 
ever requested  so  to  do. 

Sec.  22.  If  any  person  shall  export  or  ship  for  exportation  from 
this  State  any  salted  beef  or  pork  not  inspected  and  branded  ac- 
cording to  law,  every  such  exporter  or  shipper  shall  forfeit  six  dol- 
lars, and  the  master  of  each  vessel  having  on  board  such  uninspect- 
ed beef  or  pork,  shall  forfeit  two  dollars  for  each  cask  so  shipped 
or  exported. 

Sec.  23.  Any  justice  on  complaint  filed  that  any  beef  or  pork  is 
so  shipped,  may  issue  his  warrant  directed  to  any  proper  officer  re- 
quiring him  to  seize  and  secure  the  same  for  trial,  or  any  inspector 
or  deputy  may  make  such  seizure  without  warrant. 

Sec  24.  The  complainant  or  the  person  making  the  seizure, 
shall  as  soon  as  may  be  file  an  information  or  libel  thereon  in  some 
court  proper  to  try  the  same,  in  the  manner  provided  in  the  twen- 
ty-fifth chapter*  of  the  Revised  Statutes. 

Sec  25.  All  the  provisions,  penalties,  regulations  and  require- 
ments contained  in  the  foregoing  sections,  shall  extend  to  all  beef 
or  pork  transported  or  intended  to  be  transported  coastwise  from 
any  port  or  place  in  this  State  to  any  of  the  United  States,  or  ship- 
ped on  board  any  vessel  for  any  purpose  whatever. 

*  Mistake  in  the  original  for  Title  2.5. 

25 


194 


INSPECTION    OF    BEEF    AND    PORK.  [tITLE  XIII. 


Sec.  26.  The  selectmen  of  every  town  where  beef  cattle  are 
sold  for  the  purpose  of  market  or  barreling,  shall  appoint  one 
suitable  person  or  more  who  shall  be  conveniently  situated  in  such 
town  and  not  dealers  in  cattle,  to  be  weighers  of  beef,  who  shall  be 
sworn  to  the  faithful  discharge  of  the  duties  of  said  office. 

Sec.  27.  All  beef  sold  as  aforesaid  shall  be  weighed  by  such 
sworn  weigher,  and  a  certificate  of  the  weight  of  all  the  beef,  hide 
and  tallow  of  each  head  of  cattle,  unless  otherwise  requested  by 
the  seller,  in  the  form  following,  shall  be  signed  by  such  weigher 
and  delivered  to  the  seller  on  payment  of  the  fees  therefor : 


FORM   OF    CERTIFICATE. 


This  certifies  that  I  have  fairly  and  properly  weighed  the  cattle 
bought  by  of  from  of 

this  day  of  18 


Number  of  head,  |                        1            1            1            1            1 

Beef,                       1                        1            1            1            1            1 

Hide,                      1                        III                        1 

Tallow,                  1                        1            1            1            1            1 

Total  Weight,       |                        |            |                        |            | 

Sworn  Weigher. 

Sec  28.  The  weigher  shall  receive  for  the  first  six  head  of  cat- 
tle weighed,  seventeen  cents  per  head  ;  for  the  second  six  head 
weighed,  twelve  and  a  half  cents  per  head  ;  for  all  over  twelve  and 
under  twenty  head,  eight  cents  per  head  ;  and  for  all  over  twenty 
head,  five  cents  per  head  ;  which  shall  be  paid  by  the  buyer  of 
such  cattle,  and  twelve  and  a  half  cents  for  each  certificate,  which 
shall  be  paid  by  the  seller. 

Sec.  29.  If  any  butcher  or  purchaser  of  beef  cattle  intended  for 
market  or  barreling,  shall  cause  any  such  beef  cattle  to  be  weighed 
contrary  to  the  intent  of  this  chapter,  he  sjiall  forfeit  fifty  dollars 
for  each  offence,  to  be  recovered  by  action  of  debt,  one  half  to  the 
use  of  the  prosecutor  and  the  other  half  to  the  use  of  the  county  ; 
but  nothing  herein  contained  shall  prevent  any  person  from  buying 
or  selling  cattle  on  the  hoof,  or  from  determining  the  weight  of 
such  cattle  in  any  mode  agreed  on  by  the  parties. 


CHAP.  101]        INSPECTION    OF    BUTTER    AND    LARD. 


195 


CHAPTER  101. 


OF  THE   INSPECTION  OF  BUTTER  AND  LARD. 


Section 

1.  Butter  and  laid  for  exportation  shall 

be  inspected. 

2.  Manner  of  inspecting. 

3.  Casks  and  firkins,  how  branded. 

4.  Quality  and  size  of  casks. 

5.  Casks   to   be   filled  with  brine  before 

packing,  weighed  and  branded. 

6.  Fees  of  inspection. 

7.  Certificate  to  be  produced  before  clear- 

ance. 

8.  Oath  of  master. 


Section 
9.  Fees  for  certificate. 

10.  Penalty  for  exporting  butter  or  leird 

not  inspected. 

11.  Justice  may  issue  warrant,  to  seize, 

when. 

12.  Inspector  may  seize,  proceeding.i. 

13.  Penalty  for  neglecting  to  inspect. 

14.  "  "    counterfeiting  brand. 

15.  "  "    shifting  any  cask. 

16.  Fees  paid  by  deputies  to  the  inspector. 


Section  1.  The  inspector  or  some  deputy  shall  inspect  and  prove 
all  butter  and  lard  in  casks,  firkins  or  kegs  that  shall  be  intended 
for  exportation,  and  no  person  shall  ship  any  of  these  articles  for 
exportation  before  the  same  shall  have  been  inspected. 

Sec  2.  The  inspector  or  his  deputies  shall  examine  the  casks, 
kegs  or  firkins  containing  butter  or  lard  intended  for  exportation, 
and  with  a  hollow  iron  searcher  shall  perforate  the  contents  of  said 
casks,  kegs  or  firkins,  diagonally  from  one  head  to  the  other,  and 
thereby  draw  out  so  much  of  the  article  as  shall  determine  the 
quality  of  the  whole ;  he  shall  see  that  such  butter  has  been  pre- 
served with  a  due  proportion  of  good  fine  salt,  and  that  each  article 
is  sweet  and  in  all  respects  fit  to  be  exported  to  any  foreign  market 
without  danger  of  spoiling  ;  and  the  butter  or  lard  so  drawn  out 
shall  be  returned  thereto  forthwith. 

Sec.  3,  Each  cask,  keg  or  firkin  of  butter  or  lard  which,  accord- 
ing to  the  best  judgment  of  the  inspector,  appears  to  be  good  and 
fit  to  be  exported  as  aforesaid,  shall  be  branded  in  plain,  legible 
letters  with  the  words  butter  or  Jard^  and  first,  or  second,  or  third, 
according  to  the  article  and  quality ;  and  all  other  kinds  with  the 
word  refuse;  each  cask,  keg  or  firkin  so  inspected  shall  also  be 
branded  with  the  abbreviation  N.  H.,  the  name  of  the  town  where 
it  is  inspected,  and  the  initial  letter  of  the  christian  name  and  the 
whole  of  the  surname  of  the  inspector. 

Sec.  4.  Every  cask,  keg  or  firkin  in  which  butter  or  lard  shall  be 
packed  for  exportation,  shall  be  made  of  sound,  well  seasoned  white 
oak  or  white  ash  staves  and  heading,  full  bound,  and  either  fifteen 
inches  in  length  and  ten  and  a  half  inches  diameter  in  the  head, 
twelve  and  a  half  inches  in  length  and  eight  and  a  half  inches  di- 
ameter in  the  head,  twelve  inches  in  length  and  seven  and  a  half 
inches  diameter  in  the  head,  or  ten  inches  in  length  and  six  inches 
diameter  in  the  head. 


196  INSPECTION    OF    BUTTER    AND    LARD.     [TITLE  XIII. 

Sec.  5.  Each  cask,  keg  or  firkin,  before  any  butter  or  lard  shall 
be  packed  therein,  shall  be  filled  with  a  strong  brine  which  shall  re- 
main therein  three  days ;  and  as  soon  as  the  brine  is  emptied  from 
the  cask,  keg  or  firkin,  it  shall  be  weighed  by  the  o\vner  of  the 
butter  or  lard  to  be  packed  therein,  who  shall  with  a  marking  iron 
mark  on  one  of  the  heads  thereof  the  full  weight  of  such  cask, 
keg  or  firkin,  and  shall  brand  thereon  the  initial  letter  of  his  chris- 
tian name  and  the  whole  of  his  surname  ;  and  if  he  shall  falsely 
mark  the  same,  he  shall  forfeit  three  dollars  for  each  offence. 

Sec.  6.  The  inspector  or  any  deputy  for  his  services  in  inspect- 
mg,  weighing,  branding  and  delivering  to  the  owner  an  invoice  or 
weigh  note  under  his  hand  of  the  weight  of  each  cask,  keg  or  fir- 
kin so  inspected,  shall  receive  seven  cents  for  each  cask,  keg  or 
firkin,  to  be  paid  by  the  purchaser  of  the  same  before  the  delivery 
of  such  certificate. 

Sec.  7.  No  butter  or  lard  shall  be  exported  from  this  State,  un- 
less the  master  or  owner  of  the  vessel  produces  to  the  collector  or 
other  officer  authorized  by  law  to  clear  vessels  out,  a  certificate 
from  the  inspector  or  some  deputy  that  the  same  has  been  inspect- 
ed, marked  and  branded  according  to  law  ;  each  certificate  shall 
express  the  number  of  casks  and  their  weight. 

Sec.  8.  The  master  or  owner,  on  producing  said  certificate,  shall 
take  and  subscribe  the  following  oath  before  such  officer  : — 

"  I,  A.  B,  of  do  swear  that  according  to  the  best  of  my 

knowledge  and  belief,  the  certificate  hereto  annexed,  contains  the 
whole  quantity  of  butter  (or  lard,  as  the  case  may  be,)  on  board 
the  ,  master,  and  that  no  butter  (or  lard,  as  the  case 

may  be,)  is  shipped  on  board  said  vessel  for  the  ship's  company,  on 
freight  or  on  cargo,  but  what  is  inspected,  marked  and  branded  ac- 
cording to  the  laws  of  this  State.     So  help  me  God.'' 

Sec.  9.  The  inspector  or  his  deputy  shall  receive  thirty  cents 
for  each  certificate  so  given,  and  shall  give  the  same  when  re- 
quired. 

Sec.  10.  If  any  person  shall  export  or  ship  for  exportation  from 
this  State  any  butter  or  lard  not  inspected,  marked  and  branded  as 
required  by  this  chapter,  such  exporter  or  shipper  shall  forfeit  one 
dollar  and  the  master  of  the  vessel  shall  forfeit  fifty  cents  for  every 
cask,  keg  or  firkin  of  butter  or  lard  uninspected,  shipped  or  export- 
ed as  aforesaid. 

Sec.  11.  Any  justice  of  the  peace,  upon  information  filed  that 
any  butter  or  lard  not  inspected  as  aforesaid,  is  put  on  board  any 
vessel  for  exportation,  shall  issue  his  warrant  directed  to  the  sheriff, 
his  deputy  or  some  constable,  requiring  such  officers  to  seize  such 
butter  or  lard  and  to  secure  the  same  for  trial. 

Sec.  12.  The  inspector  or  any  deputy  having  information  of  any 
butter  or  lard  being  laden  in  any  port  or  place  in  this  State  for  ex- 
portation, not  being  in  conformity  to  the  provisions  of  this  chapter, 
may  make  seizure  thereof  forthwith  or  file  a  libel  or  information 


CHAP.   102.] 


INSPECTION    OF    HOPS. 


197 


therefor  in  any  court  proper  to  try  the  same  ;  and  upon  trial  of  the 
butter  or  lard  so  seized,  it  shall  be  condemned  if  a  breach  of  this 
chapter  is  proved,  and  shall  be  forfeited  to  the  use  of  the  officer 
seizing  and  prosecuting  for  the  same. 

Sec.  13.  If  the  inspector  or  any  deputy  on  application  made  for 
the  examination  of  any  butter  or  lard  as  aforesaid,  shall  unreasona- 
bly refuse,  neglect  or  delay  for  the  space  of  three  hours  after  such 
application  to  proceed  to  such  examination  and  inspection,  the 
inspector  so  refusing,  neglecting  or  delaying,  shall  forfeit  for  each 
offence  two  dollars. 

Sec.  14.  If  any  person  shall  counterfeit  any  brand  belonging  to 
or  proper  to  be  used  by  the  inspector  or  his  deputy,  or  shall  im- 
press or  brand  any  cask,  keg  or  firkin  of  butter  or  lard  with  any 
brand  of  such  inspector  or  with  any  counterfeit  brand  as  aforesaid, 
he  shall  forfeit  for  each  offence  ten  dollars. 

Sec  15.  If  any  person  shall  empty  any  cask,  keg  or  fu-kin  of 
butter  or  lard  inspected  or  branded  as  aforesaid,  and  put  in  any 
other  butter  or  lard  for  sale  or  exportation  without  first  cutting  out 
such  brands  and  marks,  he  shall  forfeit  for  each  cask,  keg  or  firkin 
ten  dollars. 

Sec.  10.  The  inspector  shall  receive  from  each  deputy  two  cents 
for  each  cask,  keg  or  firkin  inspected  and  branded  by  such  deputy 
according  to  this  chapter. 


CHAPTER  103. 


OF  THE  INSPECTION  OF  HOPS. 


Section 

1.  Hops  not  to  be  exported  before  inspec- 

tion . 

2.  Hops,   wlien    merchantable   and    how 

packed. 

3.  Hops,  how  inspected  and  marked. 

4.  Fees  of  inspection. 

5.  Penalty  for  neglect  to  inspect. 

6.  "  "    fraud  in  inspection. 

7.  "  "    intermixing  or  shifting. 


Section 
8.  Penalty  for  counterfeiting  mark. 
0.        "  "    putting  in  other  hops. 

10.  Certificate  for  clearance  to  be  obtain- 

ed. 

11.  Oath  of  master. 

12.  Penalty  for  violation  of  law. 

13.  Inspector  may  seize  hops. 

14.  Hops  sent  by  inland  carriage  except- 

ed. 


Section  1.  No  hops  shall  be  shipped  or  exported  from  this  State 
unless  the  same  are  duly  inspected,  packed  and  marked,  and  of  the 
quality  herein  mentioned :  they  shall  be  in  square  bags,  each  bag 
to  contain  two  hundred  pounds  of  merchantable  hops  as  near  as 
may  be. 

Sec  2.  No  hops  shall  be  deemed  merchantable  unless  they  have 


198  INSPECTION    OF    HOPS.  [title  XIII. 

been  well  picked,  are  free  from  stems  and  leaves  and  dried  on  a 
kiln  ;  and  the  bags  in  which  they  are  packed  shall  be  made  suffi- 
ciently strong  to  preserve  the  hops  from  damage,  and  of  such  a  tex- 
ture as  will  fairly  receive  the  marks  of  the  cultivator  and  inspector  ; 
and  each  bag  shall  be  marked  with  the  name  of  the  cultivator  and 
of  the  town  in  Avhich  he  lives. 

Sec.  3.  The  inspector  or  his  deputy  shall  examine  the  contents 
of  every  bag  of  hops  intended  to  be  exported,  in  such  manner  as 
to  ascertain  the  quality  of  such  hops,  and  if  found  merchantable  as 
before  prescribed,  and  firmly  packed,  and  that  they  have  been  so 
packed  at  least  ten  days  previous  to  such  examination,  and  that  the 
bags  are  such  as  have  been  prescribed,  he  shall  distinguish  the 
same  by  marking  them  in  legible  characters  with  the  words  first 
sort,  second  sort  or  refuse,  as  their  quality  may  be ;  he  shall  also 
add  the  date  of  the  year  of  which  in  his  opinion  they  are  the 
growth,  the  initial  letter  of  his  christian  name,  and  the  whole  of 
his  surname,  and  the  letters,  N.  H. 

Sec.  4.  The  inspector  shall  receive  for  inspecting,  marking, 
weighing  and  delivering  an  attested  schedule  of  the  same,  at  the 
rate  of  ten  cents  for  every  hundred  pounds'  weight  so  inspected,  to 
be  paid  by  the  pin-chaser,  exclusive  of  the  charges  of  repacking 
and  mending  the  bags  when  necessary,  which  shall  be  paid  by  the 
seller,  and  exclusive  also  of  storage,  if  said  hops  should  be  stored 
by  the  inspector  more  than  thirty  days  after  being  inspected  :  and 
such  inspector  shall  have  a  lien  on  said  hops  for  his  fees  until  paid. 
Each  deputy  shall  pay  to  the  inspector  one  fifth  part  of  all  the  fees 
by  him  received  for  inspecting  as  aforesaid. 

Sec.  5.  If  the  inspector  or  any  deputy  on  application  made  to 
him  to  examine  any  hops,  shall  unnecessarily  neglect  or  delay  to 
examine,  mark  and  weigh  the  same,  he  shall  forfeit  for  each  offence 
five  dollars. 

vSec.  6.  If  the  inspector  or  any  deputy  shall  be  guilty  of  any 
fraud  in  inspecting  hops,  contrary  to  the  true  intent  of  this  chapter, 
or  shall  put  his  mark  on  any  bag  or  package  of  hops  which  has  not 
been  actually  examiued,  inspected  and  found  merchantable,  he  shall 
forfeit  twenty  dollars  for  each  bag  or  package  so  falsely  marked. 

Sec.  7.  If  any  person  shall  intermix,  take  out  or  shift  any  hops 
from  any  bag  inspected  and  marked  as  aforesaid,  or  shall  put  in  any 
other  hops  for  sale  or  exportation  contrary  to  the  true  intent  of  this 
chapter,  he  shall  forfeit  fifty  dollars  for  each  offence. 

Sec.  8.  If  any  person  shall  counterfeit  or  alter  any  mark  belong- 
ing to  or  proper  to  be  used  by  any  inspector  of  hops,  or  shall  mark 
any  bag  of  hops  with  any  letter  or  mark  aforesaid,  he  shall  forfeit 
the  hops  so  marked  and  also  the  sum  of  fifty  dollars. 

Sec.  9.  If  any  person  shall  empty  any  bag  of  hops  marked  as 
by  this  chapter  is  required,  and  shall  put  in  any  other  hops  for  sale 
or  exportation  without  first  cutting  out  said  marks,  he  shall  forfeit 
for  each  offence  fifty  dollai's. 


CHAP.  103.1 


INSPECTION     OF    FISH. 


99 


Sec.  10.  No  hops  shall  be  shipped  from  this  State,  unless  the 
master  or  owner  of  the  vessel  in  which  such  hops  are  shipped, 
shall  produce  to  the  collector  or  other  officer  authorized  by  the 
laws  of  the  United  States  to  clear  vessels  out,  a  certificate  from  the 
inspector  or  some  deputy,  (for  which  he  may  charge  twenty-five 
cents  before  delivery,)  that  such  hops  have  been  duly  inspected, 
marked  and  weighed  agreeably  to  the  laws  of  this  State,  and  also 
the  number  of  bags  of  each  sort  of  hops  and  the  weight  of  each 
bag. 

Sec.  11.  The  master  or  owner,  on  producing  such  certificate  to 
such  officer,  shall  take  and  subscribe  the  following  oath  : 

"  I,  A.  B.  of  do  swear  that  according  to  the  best  of  my 

knowledge  and  belief,  the  certificate  hereunto  annexed,  contains  the 
whole  quantity  of  hops  on  board  the  ,  master,  and 

that  there  are  no  hops  on  board  said  vessel  for  the  use  of  the  ship's 
company,  on  freight  or  on  cargo,  but  what  have  been  inspected  and 
marked  according  to  the  laws  of  this  State.      So  help  me  God." 

Sec.  12.  If  any  person  shall  export  or  ship  for  exportation  out 
of  this  State  any  hops  not  marked  and  inspected  as  by  law  is  re- 
quired, such  exporter  or  shipper  shall  forfeit  twenty  dollars,  and  the 
master  of  any  vessel  having  the  same  on  board,  shall  forfeit  ten 
dollars  for  every  bag  so  shipped  or  exported. 

Sec.  13.  If  any  hops  not  inspected  and  marked  as  aforesaid, 
shall  be  exported  or  shipped  for  exportation  from  this  State  con- 
trary to  the  provisions  of  this  chapter,  any  justice  upon  informa- 
tion may  issue  a  warrant  under  his  hand  and  seal  directed  to  the 
sheriff",  his  deputy  or  some  constable,  requiring  such  officer  to  seize 
such  hops  and  secure  the  same  for  trial. 

Sec.  14.  Nothing  contained  in  this  chapter  shall  be  construed  to 
affect  any  hops  conveyed  or  transported  from  this  State  by  inland 
carriage. 


CHAPTER   I03. 


OF  THE  INSPECTION  OF  FISH. 


Section 

1.  Fish,  how  salted  and  preserved. 

2.  "        "     packed  and  pickled. 

3.  "       "     sorted  and  branded. 

4.  Casks,  how  branded. 

5.  Smoked  fish,  how  packed. 

6.  «'  "       "    sorted. 

7.  "  "       "   branded. 


Section 

8.  Quality  of  barrels,  tierces  and  casks. 

9.  "         of  boxes. 

10.  Owner    to    furnish  brand  in    certain 

cases. 

11.  Small  fish  packed  whole,  when. 

12.  Inspectors  to  make  returns. 

13.  Fees  for  inspection  nnd  certificate. 


200 


INSPECTION    OF    FISH. 


[title    XIII. 


Section 

14.  Fees,  by  whom  paid. 

15.  Inspector's  share  of  fees. 

16.  Certificate  for   clearance  to  be    pro- 

cured. 

17.  Oath  of  master. 

18.  Penalty   for    putting   or    having    on 

board  a  vessel  fish  not  inspected. 

19.  Fish  not  inspected  may  be  seized. 


Section 

20.  Penalty  for  branding  fraudulently. 
91.       "  "    intermixing  or  shifting. 

22        "  "    selling  damaged  fish. 

23.  Shelled  fish,  how  packed. 

24.  Fish  for  sale   within  this  State,  how 

packed,  weight  and  penalties. 

25.  Fish  in  kegs  less  than  10  gallons  ex- 

cepted. 


Section  1.  The  inspector  of  fish  or  some  deputy  shall  see  that 
all  kinds  of  split  pickled  fish  and  fish  for  barreling,  intended  for 
exportation,  have  been  well  struck  with  salt  or  pickle  in  the  first 
instance,  and  preserved  sweet,  free  from  rust,  taint  or  damage. 

Sec.  2.  Such  fish  as  are  in  good  order  and  of  a  good  quality, 
shall  be  packed  in  tierces,  barrels  or  half  barrels  ;  the  tierces  to 
contain  three  hundred  pounds,  the  barrels  two  hundred  pounds  and 
the  half  barrels  one  hundred  pounds  of  fish  each  ;  and  shall  be 
packed  with  good  clean  salt  suitable  for  the  purpose  ;  and  the  casks 
after  being  packed  and  headed  up  with  the  fish  and  suflicient  salt  to 
preserve  the  same,  shall  be  filled  up  with  a  clear  strong  pickle. 

Sec.  3.  Each  cask  shall  be  filled  with  fish  of  one  and  the  same 
kind,  and  shall  be  branded  salmon,  tnackerel,  shad,  aleivives,  her- 
ring, or  as  the  case  may  be  ;  those  of  the  best  quality  caught  in 
the  right  season  to  be  most  approved  and  free  from  damage,  shall 
be  branded  ca7go  No.  1 ;  those  which  remain  after  the  best  have 
been  selected,  being  sweet,  free  from  taint,  rust  or  damage,  shall  be 
branded  cargo  No.  2  ;  and  the  thinnest  and  poorest  of  those  that 
are  sweet  and  wholesome,  shall  be  branded  cargo  No.  3. 

Sec.  4.  The  inspector  shall  also  brand  in  plain, legible  letters  on 
the  head  of  every  such  cask,  the  initial  letter  of  his  christian  name 
and  the  whole  of  his  surname,  the  name  of  the  town  for  which  he  is 
appointed,  and  the  abbreviation,  N.  H.  All  mackerel  shall  also  be 
branded  on  each  cask  with  the  month  in  which  the  same  is  packed. 

Sec.  5.  All  herrings  or  alewivcs  intended  to  be  smoked  and 
packed,  shall  be  sufficiently  salted  and  smoked  to  cure  and  preserve 
the  same,  and  afterwards  closely  packed  in  the  boxes  in  dry  wea- 
ther. 

Sec.  6.  All  smoked  alewives  or  herrings  shall  be  divided  and 
sorted  by  the  inspector  or  some  deputy, and  denominated,  according 
to  their  quality,  ^rs/  sort  or  second  sort.  The  first  sort  shall  con- 
sist of  all  the  largest  and  best  cured  fish ;  the  second  sort  of  the 
smaller  but  well  cured  fish  ;  and  in  all  cases  all  fish  which  are  belly 
broken,  tainted,  scorched,  burned,  slack  salted  or  not  sufficiently 
smoked,  shall  be  taken  out  as  refuse. 

Sec  7.  Each  box  of  alewives  or  herrings  so  inspected,  shall  be 
branded  on  the  top  by  the  inspecting  officer  with  the  first  letter  of 
his  christian  name  and  the  whole  of  his  surname,  the  name  of  the 
town  where  it  was  inspected,  with   the  abbreviation,  N.  H.,  the 


CHAP.    103.]  INSPECTION    OF    FISH.  201 

quality  whethev  Jirst  sort  or  second  sort,  and  the  month  and  year  in 
which  they  were  so  branded. 

Sec.  8.  All  tierces,  barrels  and  half  barrels  used  for  packing  or 
containing  pickled  fish,  shall  be  made  of  sound,  well  seasoned  white 
oak,  ash,  red  oak,  spruce,  pine  or  chestnut  staves  of  rift  timber, 
with  heading  of  either  of  said  kinds  of  wood  well  planed,  sound 
and  well  seasoned,  the  heading,  if  of  pine,  to  be  free  from  sap ;  and 
shall  be  well  hooped  with  at  least  three  good  and  strong  hoops  on 
each  bilge  and  three  hoops  on  each  chine  ;  the  barrel  staves  shall 
be  twenty-eight  inches  in  length  and  the  heads  seventeen  inches 
between  the  chines  ;  the  barrel  shall  contain  not  less  than  twenty- 
nine  nor  more  than  thirty  gallons,  the  half  barrels  not  less  than 
fifteen  gallons  and  the  tierces  not  less  than  forty-five  nor  more  than 
forty-six  gallons ;  and  each  cask  shall  be  made  in  a  workmanlike 
manner,  to  hold  pickle,  and  shall  be  branded  on  the  side  thereof 
near  the  bung,  with  the  name  of  the  maker  or  owner. 

Sec.  9.  All  boxes  used  for  packing  and  containing  smoked  ale- 
wives  or  herrings,  shall  be  made  of  good  soimd  boards  sawed  and 
well  seasoned,  the  sides,  top  and  bottom  of  not  less  than  half  inch 
boards,  and  the  ends  of  not  less  than  three  quarter  inch  boards,  se- 
curely nailed  with  wrought  or  cut  nails,  and  shall  be  seventeen 
inches  in  length,  eleven  inches  in  breadth  and  six  inches  in  depth 
in  the  clear  inside. 

Sec.  10.  Every  person  having  fish  for  packing  or  pickling  either 
in  bulk,  casks  or  boxes  to  the  amount  of  twenty  barrels  or  forty 
boxes  in  one  season,  shall  furnish  the  inspector  or  one  of  his  depu- 
ties with  a  branding  iron  containing  the  first  letter  of  the  owner's 
christian  name  and  the  whole  of  his  surname,  and  the  inspecting 
officer  shall  cause  such  name  to  be  fahly  branded  on  the  head  of 
every  cask,  and  on  one  end  of  every  box  of  fish  inspected  for  such 
person  ;  if  he  shall  refuse  or  neglect  to  furnish  such  brand,  he  shall 
forfeit  three  dollars  for  such  neglect  or  refusal. 

Sec.  11.  All  small  fish  which  are  usually  packed  whole  with 
dry  salt,  shall  be  put  in  good  casks  of  the  size  and  materials 
above  required  for  pickled  fish,  and  shall  be  packed  close,  edgewise 
in  the  cask  and  well  salted ;  the  casks  shall  be  filled  full  with  the 
fish  and  salt,  putting  in  no  more  salt  than  is  necessary  for  the  pre- 
servation of  the  fish  ;  and  the  inspecting  officer  shall  brand  each 
cask  with  the  name  of  the  fish  and  the  quality  thereof,  whether 
Jirst  sort  or  second  sort,  as  in  the  case  of  smoked  fish  aforesaid. 

Sec.  12.  The  inspector  shall  make  return  to  the  governor  annu- 
ally on  or  before  the  first  Wednesday  of  June,  of  all  the  fish  of 
every  kind,  whether  in  casks  or  boxes,  which  have  been  inspected 
by  him  or  his  deputies  during  the  year  preceding,  and  each  deputy 
shall  seasonably  furnish  said  inspector  with  a  return  of  all  the 
tierces,  barrels,  half  barrels  and  boxes  by  him  inspected  and 
branded  since  his  last  return. 

Sec.  13.   The  fees  for  inspection   and  branding  each  cask  and 
26 


202  INSPECTION    OF    FISH.  [TITLE  XIII. 

box  of  fish  as  provided  by  this  chapter,  shall  be  for  each  tierce, 
fourteen  cents  ;  for  each  barrel,  eleven  cents  ;  for  each  half  barrel, 
eight  cents  ;  for  each  box,  four  cents  ;  exclusive  of  the  labor  of 
packing  and  coopering  ;  and  twenty-five  cents  for  each  certificate 
thereof  given. 

Sec.  14.  These  charges  shall  be  paid  by  the  owner,  or  person 
employing  the  insj)ecting  officer,  and  may  by  such  person  be  re- 
covered of  the  subsequent  purchaser  or  exporter  in  addition  to  the 
purchase  or  cost  of  the  fish. 

Sec.  15.  The  inspector  shall  receive  from  each  deputy  three 
cents  for  each  tierce  or  barrel,  two  cents  for  each  half  barrel,  and 
one  cent  for  each  box  inspected  and  branded  by  such  deputy. 

Sec.  16.  No  pickled  fish,  or  smoked  alewives  or  herrings  shall  be 
shipped  or  exported  by  water  from  this  State  in  casks  or  boxes, 
unless  the  owner  or  master  of  the  vessel  shall  produce  to  the  col- 
lector, or  other  officer  authorized  by  the  laws  of  the  United  States 
to  clear  vessels  out,  a  certificate  from  the  inspector  or  some  deputy 
that  such  fish  has  been  inspected,  packed  and  branded  according  to 
law,  together  with  the  number  of  tierces,  barrels,  half  barrels  and 
boxes  thus  shipped,  the  kind  and  quality  of  the  fish  they  contain, 
the  name  of  the  vessel  in  which  such  fish  are  received  for  exporta- 
tion, and  the  owner  or  master  thereof. 

Sec.  17.  The  master  or  owner,  on  producing  such  certificate  to 
such  officer,  shall  take  and  subscribe  the  following  oath : 

'•'I,  A.  B.,  of  ,  do  swear,  according  to  the  best  of  my  know- 

ledge and  belief,  that  the  certificate  hereunto  annexed,  contains  the 
whole  quantity  of  pickled  and  barreled  fish,  smoked  ale  wives  and 
herrings  on  board   the  ,  master,  and  that  no  fish  is 

shipped  on  board  said  vessel  for  the  ship's  company,  or  on  freight 
or  cargo,  but  what  is  inspected  and  branded  according  to  law.  So 
help  me  God." 

Sec  18.  If  any  person  shall  put  or  receive  on  board  any  vessel 
or  other  carriage  of  conveyance,  to  transport  the  same  from  this 
State,  any  pickled  or  whole  fish,  or  any  smoked  alewives  or  her- 
rings packed  in  casks  or  boxes,  which  are  not  inspected  and  brand- 
ed according  to  law,  he  shall  forfeit  not  less  than  two  dollars  nor 
more  than  ten  dollars  for  every  hundred  pounds  of  pickled  or  whole 
fish,  and  one  dollar  for  each  box  of  smoked  alewives  or  herrings 
so  uninspected. 

Sec.  19.  If  any  pickled  or  barreled  fish,  smoked  alewives  or 
herrings  as  aforesaid  shall  be  put  on  board  any  vessel,  boat  or 
carriage  of  conveyance  with  intent  to  sell  or  export  the  same  con- 
trary to  law,  any  justice  of  the  peace  may  issue  his  warrant  to  the 
sheriff,  his  deputies  or  a  constable  requiring  such  officer  to  seize  and 
secure  said  fish  and  carry  them  to  the  inspector  or  deputy  nearest 
to  such  vessel,  boat  or  carriage,  who  shall  open  and  inspect,  pack 
and  brand  the  same  as  is  provided  in  this  chapter,  and  shall  detain 


CHAP.    103.]  INSPECTION    OF    FISH.  203 

the  same  until  the  expense  and  charges  of  seizure,  inspection, 
packing  and  all  other  charges  arising  from  such  seizure,  shall  be 
paid. 

Sec.  20.  If  the  inspector  or  any  deputy  shall  brand  any  cask  or 
box  the  contents  of  which  he  has  not  inspected,  packed,  salted, 
coopered  and  nailed  according  to  the  provisions  of  this  chapter,  or 
shall  permit  any  other  person  to  use  his  brands  in  violation  or  eva- 
sion thereof,  he  shall  forfeit  twenty  dollars  for  each  cask  or  box  so 
branded,  and  shall  also  be  removed  from  office. 

Sec  21.  If  any  person  shall  intermix,  take  out  or  shift  any  in- 
spected fish  packed  and  branded  as  aforesaid,  or  shall  put  in  other 
fish  for  sale  or  exportation,  he  shall  forfeit  five  dollars  for  each  cask, 
package  or  box  so  altered ;  but  if  any  casualty  shall  render  it 
necessary  to  repack  a  cask  or  box  of  inspected  fish,  it  shall  in  all 
cases  be  done  by  an  inspector. 

Sec.  22.  If  any  person  shall  sell  or  export,  or  cause  to  be  sold 
or  exported  within  or  from  this  State,  any  tainted  or  damaged  pick- 
led fish,  or  smoked  alewives  or  herring,  he  shall  forfeit  three  dollars 
for  every  hundred  weight  of  such  pickled  fish,  and  one  dollar  for 
each  box  of  such  smoked  alewives  or  herrings,  which  shall  be  thus 
sold  or  exported. 

Sec  23.  All  shelled  clams  or  other  shelled  fish  used  for  fish  bait, 
hereafter  offered  for  sale,  shall  be  put  in  barrels  or  half  barrels  of 
the  description  required  for  pickled  fish ;  and  the  casks  shall  be 
filled  full  and  salted  sufficient  to  preserve  the  same ;  if  any  person 
shall  offer  for  sale  any  shelled  fish  aforesaid  not  packed  agreeably 
to  this  section,  he  shall  forfeit  for  each  offence  two  dollars. 

Sec  24.  All  kinds  of  pickled  fish  which  are  packed  in  tierces, 
barrels  or  half  barrels,  and  all  smoked  alewives  or  herrings  packed 
in  boxes  for  consumption  within  this  State,  and  which  are  not  sub- 
jected to  be  inspected  and  branded  as  provided  in  case  of  exporta- 
tion, shall  however  be  packed  with  only  one  kind  of  fish  in  each 
cask  or  box,  and  there  shall  be  the  same  weight  in  each  cask  as 
herein-before  provided ;  and  for  intermixing  different  kinds  of  fish 
in  the  same  cask  or  box  or  for  short  weight  in  any  cask,  the  own- 
er or  seller  shall  forfeit  the  same  sum  herein-before  provided  for  the 
like  offence,  if  such  fish  were  inspected. 

Sec  2.5.  Nothing  in  this  chapter  contained  shall  extend  to  fish 
packed  in  kegs  of  less  than  ten  gallons. 


204 


INSPECTION   OF    TOT    AND   PEARL    ASHES.     [tITLE  XIII. 


CHAPTER   104. 


OF  THE  INSPECTION  OF  POT  AND  PEARL  ASHES. 


Section 

1.  Pot  and  pearl  ashes  not  to  be  exported 

before  inspection. 

2.  How  sorted  and  branded. 

3.  Inspector  sliall  weigli  and  mark  each 

cask. 

4.  Fees  of  inspection. 

5.  Quality  and  size  of  casks. 

6.  Manufacturer  sliall  brand  casks. 

7.  Penalty  for  branding  falsely. 

8.  Penalty  for  neglect  to  inspect. 


Section 

9.  Penalty  for  emptying  or  shifting  casks. 

10.  Inspector  may  seize  casks  not  branded. 

11.  Casks  not  branded,  how  forfeited. 

12.  Inspector  may  require  aid,  and  penal- 

ty for  refusal  to  aid    or  obstructing 
officer. 

13.  Penalty  on  master  of  vessel  for  hav- 

ing casks  on  board  not  branded. 

14.  May  export  coastwise  by  giving  bond. 


Section  1.  No  person  shall  ship  any  pot  or  pearl  ashes  for  expor- 
tation, unless  the  same  shall  have  heen  duly  inspected  and  branded 
by  some  inspector. 

Sec.  2.  The  inspector  shall  start  the  pot  or  pearlash  out  of  the 
casks,  and  carefully  examine,  try  and  inspect  the  same,  and  sort 
the  same  in  three  different  sorts,  if  necessary,  and  shall  put  each 
sort  by  itself  in  tight,  new  casks,  well  hooped  and  coopered,  which 
shall  be  branded  in  plain,  legible  letters  with  the  words  first  sort, 
or  second  sort  or  third  sort,  the  words  potash  or  pearlash,  as  the 
case  may  be,  the  first  letter  of  his  christian  name  and  the  whole 
of  his  surname,  the  town  where  the  same  is  inspected,  and  the 
abbreviation  N.  H.  on  each  cask. 

Sec.  3.  The  inspector  at  the  time  of  starting  pot  or  pearl  ashes 
for  inspection,  shall  weigh  each  cask  and  mark  the  weight  with  a 
marking  iron  on  each  head  thereof. 

Sec.  4.  The  inspector  shall  receive  for  starting,  inspecting,  sort- 
ing, repacking,  weighing,  putting  the  casks  in  good  order  and  de- 
livering to  the  owner  an  invoice  or  weigh  note  under  his  hand  of 
the  weight  of  each  cask,  six  cents  for  every  hundred  weight  so 
inspected,  to  be  paid  by  the  purchaser. 

Sec.  5.  Every  cask  in  which  pot  or  pearl  ashes  shall  be  packed 
for  exportation,  shall  be  made  of  sound,  well  seasoned  oak  or  white 
ash  staves  and  heading,  full  bound,  twenty-nine  inches  in  length, 
nineteen  inches  diameter  in  the  head  and  of  such  weight  in  pro- 
portion to  its  contents  as  will  amoimt,  as  near  as  may  be,  to  four- 
teen per  centum  tare  thereon. 

Sec.  6.  Every  manufacturer  of  pot  and  pearl  ashes  within  this 
State  shall  brand  each  cask  containing  the  same,  with  the  first  let- 
ter of  his  christian  name  and  the  whole  of  his  surname,  and  the 
name  of  the  town  where  manufactured,  before  it  shall  be  removed 
from  the  manufactory  ;  if  any  person  shall  remove  any  cask  before 


CHAP.  104.]    INSPECTION    OF    POT    AND    PEARL    ASHES.  205 

being  branded  as  aforesaid,  he  shall  forfeit  one  dollar  for  each  cask 
so  removed. 

Sec.  7.  If  any  person  shall  brand  any  cask  of  pot  or  pearl  ashes 
manufactured  by  himself,  with  the  name  of  any  other  person,  or 
shall  brand  any  such  cask  manufactured  by  another  person  with  his 
own  name,  or  shall  coimterfeit  any  brand  belonging  to  or  proper  to 
be  used  by  any  inspector,  or  shall  impress  or  brand  any  cask  of  pot 
or  pearl  ashes  with  any  brand  of  any  inspector  or  with  any  coun- 
terfeit brand,  he  shall  forfeit  for  each  offence  one  hundred  dollars. 

Sec.  8.  If  any  inspector  on  application  made  for  the  examination 
of  any  pot  or  pearl  ashes,  shall  unreasonably  refuse,  neglect  or 
delay  to  make  such  examination  and  inspection  for  the  space  of 
three  hours  after  any  such  api^lication,  he  shall  forfeit  for  each 
offence  twenty  dollars  to  any  person  who  will  sue  therefor. 

Sec.  9.  If  any  person  shall  empty  any  cask  of  pot  or  pearl  ashes 
inspected  and  branded  as  required  by  this  chapter,  and  sliall  put  in 
any  other  pot  or  pearl  ashes  for  sale  or  exportation  without  first 
cutting  out  the  said  brand  marks,  he  shall  forfeit  for  each  offence 
one  hundred  dollars. 

Sec.  10.  Any  inspector  may  enter  any  vessel  lying  in  the  har- 
bor where  such  inspector  is  authorized  to  inspect  pot  or  pearl  ashes, 
and  there  search,  and  may  seize,  carry  away  and  secure  for  trial 
every  cask  of  pot  or  pearl  ashes  not  inspected  or  branded  as  in  this 
chapter  is  provided,  which  shall  be  forfeited. 

Sec  11.  All  casks  seized  as  aforesaid,  may  be  prosecuted  to 
condemnation  by  the  officer  seizing  the  same,  by  libel  in  the  court 
of  common  pleas  in  the  county  in  which  the  same  was  seized,  and 
after  condemnation  the  same  shall  be  sold  at  public  vendue  by  the 
sheriff  or  his  deputy,  and  after  the  payment  of  all  charges  one  half 
of  the  residue  of  the  proceeds  of  such  sale  shall  be  paid  by  him 
into  the  treasury  of  the  county,  and  the  other  half  to  the  inspector 
seizing  the  same. 

Sec.  12.  Any  inspector  may  require  necessary  aid  for  searching 
for  and  seizing  any  casks  aforesaid,  and  every  person  refusing  or 
neglecting  to  give  such  aid  when  requested,  shall  forfeit  five  dollars 
for  such  refusal  or  neglect.  If  any  person  shall  obstruct  or  hinder 
any  inspector  in  making  search  or  seizure  as  aforesaid,  he  shall  for- 
feit for  each  ofience  three  hundred  dollars. 

Sec  13.  If  the  master  of  any  vessel  shall  receive  on  board  any 
cask  of  pot  or  pearl  ashes  not  branded  as  required  by  this  chapter, 
he  shall  forfeit  fifteen  dollars  for  each  cask  so  received. 

Sec  14.  Any  citizen  of  this  State  may  export  by  water  pot  or 
pearl  ashes  to  any  port  within  the  United  States,  without  inspection 
by  giving  bond  in  a  reasonable  sum  with  sufficient  surety  to  some 
inspector,  conditioned  that  the  same  shall  be  landed  in  some  port 
within  the  United  States,  and  not  shipped  for  any  foreign  market 
until  duly  inspected.  Such  person  within  six  months  from  the 
date  of  said  bond,  shall  produce  to  said  inspector  a  certificate  from 


206 


INSPECTION    OF    GUNPOWDER.  [tITLE  XIII. 


the  proper  oiRcer  in  some  one  of  the  United  States  that  said  pot  or 
pearl  ashes  exported  as  aforesaid,  have  been  duly  inspected. 


CHAPTER  105. 


OF  THE  INSPECTION  OF  GUNPOWDER. 


Section 

1.  Gunpowder,  how  manufactured. 

2.  "  how  proved. 

3.  "         how  inspected  and  marked. 

4.  Fees  of  inspection. 


Section 

5.  Selhng  powder  not  inspected,  penalty. 

6.  "  "       condemned,  penalty. 

7.  "  "       if  impure,  penalty. 


Section  1.  All  gunpowder  manufactured  in  this  State,  shall  be 
composed  of  fourteen  parts  of  fresh  burned  coal  made  from  wood 
which  forms  the  least  ashes,  and  which  has  been  well  and  careful- 
ly prepared  and  made  into  coal  after  being  stripped  of  its  bark  ;  ten 
parts  of  sulphur,  and  seventy-six  parts  of  purified  nitre,  for  every 
hundred  parts  of  gunpowder. 

Sec.  2.  No  gunpower  shall  be  considered  to  be  of  proof,  unless 
one  ounce  thereof  placed  in  the  chamber  of  a  four  and  a  half  inch 
howitzer,  with  the  howitzer  elevated  so  as  to  form  an  angle  of  for- 
ty-five degrees  with  the  horizon,  will  upon  being  fired  throw  a 
twelve  pound  shot  seventy-five  yards  at  the  least. 

Sec  3.  All  gunpowder  before  being  removed  from  the  manufac- 
tory or  deposited  in  any  public  powder  magazine  in  this  State,  shall 
be  inspected  and  proved  by  some  inspector,  and  if  it  shall  appear 
to  be  well  manufactured,  composed  of  pure  materials  and  of  the 
proof  herein  required,  he  shall  mark  each  cask  containing  gunpow- 
der by  him  inspected  and  proved  as  aforesaid,  with  the  words,  "N. 
II.  inspected  proof,^'  his  christian  and  surname,  the  quantity  of 
powder  in  figures  and  the  year  in  which  inspected.  All  other  gun- 
powder shall  be  marked  "  condemned  "  on  each  head  and  the  side 
of  each  cask,  with  the  name  of  the  inspector  at  length. 

Sec.  4.  The  inspector  shall  receive  one  cent  for  each  pound  of 
gunpowder  by  him  inspected,  whether  the  same  is  approved  or 
condemned,  to  be  paid  by  the  owner  thereof. 

Sec.  5.  If  any  manufacturer  of  gunpowder  shall  sell  or  dispose 
of,  or  permit  to  be  sold  or  disposed  of,  or  shall  export  or  cause  to 
be  exported  from  the  State  any  powder  of  his  manufacture  not 
inspected  and  marked  according  to  law,  he  shall  forfeit  fifty  cents 
for  each  pound  of  powder  so  sold,  disposed  of  or  exported. 

Sec.  6.  If  any  person  shall  knowingly  sell  any  condemned  gun- 
powder, or  shall  fraudulently  alter  or  deface  any  mark  placed  by 
any  inspector  upon  any  cask  containing  gunpowder,  or  shall  fraud- 


CHAP.    lOG.] 


LUMBER,  TIMBEB,   STAVES. 


207 


ulently  put  any  gunpowder  condemned  or  not  inspected,  into  any 
cask  marked  by  any  inspector  as  aforesaid,  he  shall  forfeit  for  each 
olfence  not  less  than  two  hundred  dollars  nor  more  than  five  hun- 
dred dollars. 

Sec.  7.  If  any  person  shall  knowingly  sell,  or  expose  or  offer  for 
sale  in  this  State  any  gunpowder  not  well  manufactured,  composed 
of  impure  materials  or  not  of  the  proof  required  by  this  chapter,  he 
shall  forfeit  for  each  offence  not  less  than  five  nor  more  than  fifty 
dollars. 


CHAFTEli  106. 


OF  THE  INSPECTION  OF  LUMBER,  TIMBER,  &c. 


Section 
L   Surveyors  and  cullers,  how  chosen. 

2.  Duties  of  surveyors  of  lumber. 

3.  "      "  cullers  of  hoops  and  staves. 

4.  Standard  thickness  of  plank. 

5.  Measurement  of  ship  timber. 

6.  Shingles,  how  inspected  and  sorted. 

7.  "  how  branded. 

8.  Clapboards,  how  inspected  and  sorted. 


Section 
0.  Staves,  hoops,  &c.,  how  inspected. 

10.  Fees  for  inspection. 

11.  Penalty  for  exporting  lumber  not  in- 

spected. 

12.  Penalty   for  exporting    shingles  not 

inspected. 

13.  Penalty  for  fraud  of  surveyor. 

14.  Penalty  for  neglect  of  surveyor. 


Section  1 .  One  or  more  surveyors  of  lumber  and  cullers  of  hoops 
and  staves  shall  be  chosen  by  the  inhabitants  of  each  town  at  their 
annual  meeting,  who  shall  be  skilled  in  such  business,  and  shall 
hold  their  offices  one  year  and  until  others  are  chosen  in  their 
stead. 

Sec.  2.  The  surveyor  of  lumber  shall  survey  all  plank,  boards, 
spars,  slitwork,  shingles,  clapboards  and  timber  previous  to  the  sale 
thereof,  and  shall  measure  the  same  if  necessary,  having  due  con- 
sideration for  drying  and  shrinking,  making  reasonable  allowance 
for  rots,  knots  and  splits  ;  he  shall  mark  the  same  anew  to  the  just 
contents  thereof,  if  requested  by  the  seller  or  purchaser,  and  give  a 
certificate  of  the  quantity  and  sorts,  if  required,  on  payment  therefor. 

Sec.  3.  The  cullers  of  hoops  and  staves  shall  view  and  cull  all 
hoops,  staves  and  heading  previous  to  the  exportation  thereof,  and 
shall  give  a  certificate  of  the  quantity  on  payment  therefor. 

Sec  4.  The  standard  of  the  thickness  of  merchantable  plank 
shall  be  two  inches,  and  when  any  plank  of  a  different  thickness 
shall  be  purchased,  it  shall  be  admeasured  and  calculated  by  that 
standard. 

Sec  5.  All  round  ship  timber  shall  be  measured  according  to  the 
f(i!lowing  rule,  viz :  a  stick  ©f  timber  sixteen  inches  in  diameter 


208  LUMBER,   TIMBER,   STAVES.  [tITLE  XIII. 

and  twelve  inches  in  length  shall  constitute  one  cubic  foot,  and  in 
the  same  ratio  for  any  other  size  and  quantity  :  forty  feet  shall  con- 
stitute one  ton. 

Sec.  0.  All  shingles  offered  for  sale  in  this  State  shall  be  straight, 
fom-  inches  wide,  free  from  shakes  and  worm  holes ;  shall  be  split 
or  sawed  in  a  longitudinal  direction  crosswise  the  grain,  and  shall 
be  designated  and  known  according  to  their  quality  as  No.  1,  No.  2, 
No.  3  or  refuse. 

Shaved  shingles  No.  1  shall  be  eighteen  inches  long,  seven  six- 
teenths of  an  inch  thick  at  the  butt  end ;  shall  be  free  from  knots 
and  sap  and  shall  be  breasted. 

No.  2  shall  be  at  least  seventeen  inches  long,  three  eighths  of  an 
inch  thick  at  the  butt  end  and  clear  of  knots  and  sap. 

No.  3  shall  be  at  least  fifteen  inches  long,  three  eighths  of  an  inch 
thick  at  the  butt. 

Sawed  shingles  No.  1  shall  be  clear  of  knots,  shakes  and  sap. 

No.  2  shall  be  free  from  shakes  and  sap,  and  clear  of  knots  eight 
inches  from  the  butt  end. 

No  3  shall  be  free  from  shakes  and  unsound  knots. 

Refuse  shall  consist  of  such  shingles  as  will  not  pass  inspection 
for  either  of  the  above  classes,  unless  in  the  opinion  of  the  survey- 
or they  shall  be  so  inferior  as  to  be  worth  less  than  half  the  price 
of  No.  1,  in  which  case  they  shall  be  branded  O. 

Sec.  7.  No  shingles  shall  pass  inspection,  unless  so  packed  as  to 
contain  by  admeasurement  one  quarter  of  a  thousand  in  each  round 
bunch,  and  either  one  thousand  or  one  half  or  one  quarter  of  a 
thousand  in  each  square  bunch.  Each  bunch  or  bundle  shall  be 
branded  upon  the  butt  No.  1  ;  No.  2 ;  No.  3  ;  Refuse  or  O  accord- 
ing to  the  quality,  and  also  with  the  abbreviation  N.  H. ;  which 
brand  last  mentioned  shall  be  furnished  by  the  town. 

Sec.  8.  All  shaved  pine  clapboards  shall  be  made  of  good  sound 
timber,  clear  of  sap,  and  all  shaved  clapboards  shall  be  free  from 
shakes  and  worm  holes,  straight,  well  shaved  and  of  the  following 
dimensions,  viz  :  full  five  eighths  of  an  inch  thick  on  the  back, 
five  inches  wide  and  four  feet  six  inches  long. 

All  sawed  clapboards  shall  be  of  the  following  descriptions,  and 
shall  be  known  as  clear^  sap-clear^  or  merchantable.  Clear  clap- 
boai'ds  shall  be  sawed  from  good  timber  and  shall  not  be  less  than 
four  feet  two  inches  in  length,  five  inches  in  width  and  half  an 
inch  thick  on  the  back,  and  shall  be  free  from  knots,  vv'orm  holes, 
shakes  and  rots.  Pine  clapboards  shall  also  be  free  from  sap. 
Sap-clear  clapboards  shall  be  of  the  same  dimensions  and  quality 
as  the  clear  clapboards^  but  need  not  be  free  from  sap.  Merchant- 
able clapboards  shall  be  of  the  same  length,  from  four  to  five  inches 
wide,  and  shall  be  free  from  rots,  shakes,  worm  holes  and  broken 
or  loose  knots.  Two  pieces  of  either  of  the  above  descriptions, 
neither  of  which  shall  be  less  than  thirty  inches  long,  or  three 
pieces  neither  of  which  slioU  be   less  than  two  feet  long,  shall  be 


CHAP.  106]  LUMBER,  TIMBER,   STAVES.  209 

allowed  and  counted  as  one  clapboard ;  but  there  shall  be  at  least 
ninety  whole  clapboards  in  every  hundred. 

Sec.  9.  All  white  oak  butt  staves  shall  be  at  least  five  feet  in 
length,  five  inches  wide,  and  one  inch  and  a  quarter  thick  on  the 
heart  or  thinnest  edge  and  every  part  thereof. 

All  white  oak  pipe  staves  shall  be  at  least  four  feet  eight  inches 
long,  four  inches  broad  in  the  narrowest  part  and  not  less  than  one 
inch  thick  on  the  heart  or  thinnest  edge. 

All  white  oak  hogshead  staves  shall  be  at  least  forty-two  inches 
long,  and  not  less  than  three  quarters  of  an  inch  thick  on  the  heart 
or  thinnest  edge. 

All  white  oak  barrel  staves  for  foreign  market  shall  be  thirty-two 
inches  long,  and  for  home  use  shall  be  thirty  inches  long,  and  all 
shall  be  half  an  inch  thick  on  the  heart  or  thinnest  edge. 

All  white  oak  hogshead  and  barrel  staves  shall  be  at  least,  one 
with  another,  four  inches  in  breadth,  and  none  less  than  three 
inches  in  breadth  in  the  narrowest  part,  and  those  of  the  last  breadth 
shall  be  clear  of  sap. 

All  red  oak  hogshead  and  barrel  staves  shall  be  of  the  same  length, 
width  and  thickness  with  the  white  oak  hogshead  and  barrel  staves 
aforesaid. 

All  staves  shall  be  well  and  proportionably  split. 

All  shooks  shall  be  forty  inches  long  and  not  less  than  two  and 
a  half  inches  wide  at  the  ends,  and  full  half  an  inch  thick  when 
dressed. 

All  white  oak  hogshead  heading  shall  be  one  inch  thick,  thirty 
inches  long  and  not  more  than  five  pieces  to  one  head. 

All  hogshead  hoops  shall  be  made  of  white  oak,  brown  ash  or 
walnut,  of  good  and  sufficient  substance,  well  shaved  and  either 
ten,  twelve  or  fourteen  feet  in  length  :  the  oak  and  ash  hoops  shall 
not  be  less  than  one  inch  broad,  and  the  walnut  hoops  not  less  than 
three  quarters  of  an  inch  broad  at  the  least ;  all  hoops  of  ten, 
twelve  and  fourteen  feet  respectively,  shall  be  made  up  in  distinct 
bundles  by  themselves  containing  twenty-five  hoops  each,  and  each 
bundle  intended  for  exportation,  shall  be  branded  on  the  band  there- 
of with  the  brand  of  the  town  whence  exported. 

All  hoops  and  staves  shall  hereafter  be  counted  and  sold  by  the 
decimal  hundred. 

Sec  10.  SunJ-eyors  and  cullers  shall  receive  the  following  fees : 
for  surveying  shingles  and  clapboards,  four  cents  per  thousand,  to 
be  paid  by  the  buyer ;  for  viewing  and  culling  barrel  staves,  twen- 
ty-eight cents  per  thousand  ;  for  hogshead  staves,  thirty-four  cents 
per  thousand ;  for  pipe  staves,  forty  cents  per  thousand ;  for  butt 
staves,  forty-five  cents  per  thousand ;  for  shooks,  one  third  of  a 
cent  each  ;  for  hoops,  fifty  cents  per  thousand  ;  and  for  heading, 
thirty-three  cents  per  thousand  ;  the  refuse  to  be  counted  in  all 
cases  as  well  as  the  merchantable ;  the  fees  for  such  survey  to  be 
paid  bv  the  owner,  and  the  fees  paid  for  the  survey  of  the  mer- 
27 


210 


HAY,  LEATHER,   CORDWOOD. 


[title  xui. 


charitable,  to  be  by  him  recovered  of  the  buyer ;  for  surveying 
boards,  timber  and  other  hmiber  eight  cents  per  thousand  feet  for 
viewing  only, and  eight  cents  per  thousand  feet  additional  for  mea- 
suring and  marking,  and  in  the  same  proportion  in  all  cases  for  a 
less  quantity. 

Sec.  11.  If  any  person  shall  export  or  ship  for  exportation  from 
this  State  any  boards,  staves,  hoops,  shooks,  heading  or  clapboards 
not  surveyed,  culled,  inspected  and  branded  according  to  the  provi- 
sions of  this  chapter,  such  person  for  each  offence  shall  forfeit  one 
quarter  part  of  the  value  of  all  articles  so  shipped  or  exported. 

Sec.  12.  If  any  person  shall  export  or  ship  for  exportation,  any 
shingles  branded  O,  or  not  branded  according  to  law,  he  shall  for- 
feit the  same  or  the  value  thereof. 

Sec  13.  If  any  surveyor  or  culler  shall  be  guilty  of  any  fraud 
or  deceit  in  the  surveying  or  culling  of  any  boards,  staves,  hoops, 
shooks,  heading,  shingles,  clapboards  or  timber,  or  shall  connive 
at  or  allow  of  any  breach  of  this  chapter,  he  shall  forfeit  for  each 
oifence  thirty  dollars. 

Sec.  14.  If  any  surveyor  or  culler  shall  unreasonably  refuse  or 
neglect  to  attend  to  his  duties  upon  tender  of  the  fees  therefor,  he 
shall  forfeit  for  each  offence  three  dollars. 


CHAPTER  107. 


OF  THE  SALE  OF   HAY,  LEATHER  AND  CORDWOOD. 


Section 

1.  Pressed  hay,  how  branded. 

2.  Penalty  if  not  branded. 

3.  Leather  stamped  by  maker,  effect. 

4.  Penalty  for  stamping  fraudulently. 


Section 

5.  Wood,  how  measured. 

6.  Measurers,  their  duty  and  fees. 

7.  Penalty  for  fraud  or  neglect. 


Section  1.  All  pressed  hay  offered  for  sale  in  this  State  or  ship- 
ped for  exportation,  shall  be  branded  in  some  conspicuous  place  on 
each  crate  or  bundle,  with  the  first  letter  of  the  christian  name  or 
names  and  the  whole  of  the  surname  of  the  person  packing  or  press- 
ing said  hay,  and  Avith  the  name  of  the  town  and  initials  of  the 
State  where  the  same  is  pressed. 

Sec  2,  If  any  person  shall  offer  for  sale  or  ship  for  exportation 
any  crate  or  bundle  of  pressed  hay  not  branded  as  aforesaid,  he 
shall  forfeit  five  dollars  for  each  offence. 

Sec  3.  Each  manufacturer  of  leather  shall  have  the  exclusive 
right  of  stamping  leather  by  him  manufactured,  with  the  initial 
letter  of  his  christian  name  or  names  and  the  whole  of  his  siu'name 
and  the  name  of  the  town  of  his  abode,  and  such  stamp  shall  be 


CHAP.    108.]  MEASURERS    OF    GRAIN.  211 

deemed  a  warranty  that  the  leather  so  stamped  is  merchantable, 
made  of  good  materials  and  well  manufactured. 

Sec.  4.  If  any  person  shall  fraudulently  stamp  any  leather  with 
the  name  or  stamp  of  any  other  person  or  shall  aid  therein,  he  shall 
be  punished  by  fine  not  exceeding  one  hundred  dollars,  or  by  im- 
prisonment not  exceeding  six  months,  at  the  discretion  of  the  court. 

Sec  5.  All  cordwood  exposed  to  sale  shall  be  either  four  feet, 
three  feet  or  two  feet  long,  including  half  the  kerf ;  and  being  well 
and  closely  laid  together,  a  quantity  measuring  eight  feet  in  length, 
four  feet  in  width  and  four  feet  in  height,  shall  constitute  one  cord. 

Sec.  6.  Measurers  of  wood  shall  be  chosen  by  each  town  at  the 
annual  meetmg,  who  shall  be  duly  sworn  and  whose  duty  it  shall 
be  to  measure  any  wood  when  requested  and  to  give  a  certificate 
thereof,  and  for  such  measurement  and  certificate  he  shall  be  paid 
at  the  rate  of  four  cents  per  cord,  to  be  paid  by  the  purchaser. 

Sec.  7.  If  any  measurer  upon  tender  of  his  fees,  shall  unreason- 
ably neglect  or  refuse  to  measure  or  certify  any  wood  so  brought  to 
him  for  that  purpose,  or  shall  give  any  false  certificate,  he  shall 
forfeit  for  each  offence  five  dollars. 


CHAPTER  10$. 

OF  MEASURERS  OF  GRAIN  IN  PORTSMOUTH. 


Section 

1.  Measurers  of  grain,  how  chosen. 

2.  "         "       "      their  duty. 

3.  "         "       "      their  fees. 


Section 

4.  Sealed  measures  to  be  used. 

5.  Penalty  for  fraud  of  measurer. 

6.  "       for  selling  without  measure. 


Section  1.  The  selectmen  of  Portsmouth  shall  annually  appoint 
one  or  more  measurers  of  grain  in  said  town,  who  shall  be  sworn 
to  the  faithful  performance  of  their  duty,  and  who  shall  hold  their 
office  until  new  ones  shall  be  appointed  and  qualified. 

Sec  2.  All  corn  and  grain  imported  into  said  town  by  sea,  shall 
be  measured  by  one  of  said  measurers,  except  where  the  quantity 
is  less  than  ten  bushels. 

Sec  3.  The  fees  for  measuring  shall  be  as  follows :  for  any 
quantity  not  exceeding  fifty  bushels,  one  cent  per  bushel,  and  for 
any  quantity  exceeding  fifty  bushels,  one  half  cent  per  bushel,  to 
be  paid  in  all  cases  by  the  purchaser. 

Sec  4.  Said  measurers  shall  use  no  other  measures  than  such  as 
are  specially  provided  for  this  purpose,  and  in  strict  compliance 
with  the  law. 

Sec  5.  If  any  measurer  shall  use  any  deception  in  measuring 
any  grain  or  corn,  or  shall  give  a  fraudulent  certificate  of  any  mea- 
surement, the  person  injured  may  recover  of  said  measurer  four 


212 


OATS,  POTATOES,  BREAD. 


[title  XIII. 


fold  damages  for  the  injury  sustained,  by  an  action  on  the  case  in 
any  court  proper  to  try  the  same. 

Sec.  6.  If  any  person  importing  corn  or  grain  as  aforesaid,  shall 
sell  or  dispose  of  any  quantity  thereof  exceeding  ten  bushels,  with- 
out having  the  same  measured  as  aforesaid,  he  shall  forfeit  for  each 
bushel  so  sold  or  disposed  of,  twenty  cents,  to  be  recovered  by 
action  of  debt  in  the  name  and  to  the  use  of  said  town. 


CHAPTER  109. 


OF  THE  WEIGHT  OF  OATS,  POTATOES  AND  BREAD. 


Section 

1.  Standard  weight  of  oats. 

2.  "  "      of  potatoes. 

3.  Mode  of  measuring  may  be  agreed  on. 


Section 

4.  Bread  to  be  sold  by  weight. 

5.  Weight  of  bread  regulated. 

6.  Penalty  for  unlawful  sale  of  bread. 


Section  1.  The  standard  weight  of  all  oats  offered  for  sale  in 
this  State,  shall  be  thirty  pounds  per  bushel. 

Sec  2.  The  standard  weight  of  all  potatoes  offered  for  sale  in 
this  State,  shall  be  sixty-two  pounds  per  bushel. 

Sec  3.  Oats  or  pota.toes  may  be  measured  in  any  other  manner, 
if  the  parties  interested  shall  so  agree. 

Sec  4.  All  bread  baked  in  loaves  or  biscuit  which  shall  be  ex- 
posed or  offered  for  sale  by  any  baker  or  other  person,  shall  be  sold 
by  weight. 

Sec.  5.  All  soft  biscuit  offered  for  sale,  shall  weigh  either  four  or 
eight  ounces  each,  and  all  loaves  of  soft  bread  shall  be  of  the  weight 
of  half  a  pound,  one,  two,  three  or  four  pounds ;  and  every  soft 
loaf  or  biscuit  shall  be  marked  with  the  weight  thereof, and  with  the 
initials  of  the  christian  name  and  the  whole  of  the  surname  of  the 
baker. 

Sec  6.  If  any  baker  or  other  person  shall  offer  for  sale  any  soft 
biscuit  or  loaf,  which  shall  not  in  weight  and  mark  conform  to  the 
provisions  of  the  preceding  section,  he  shall  forfeit  ten  dollars  for 
each  offence. 


CHAP.  HO.] 


WEIGHTS  AND  MEASURES. 


213 


CHAPTER  110. 


OF  WEIGHTS  AND  MEASURES. 


Section 


1 .  Standard  weights  and  measures  for  the 

State,  how  kept. 

2.  County  sealers,  how  appointed. 

3.  "  "        their  duties  and  fees. 

4.  Each  town   to  be  provided  with  a  set 

of  standard  weights  and  measures. 

5.  Town    sealer    of  weights,   «S:c.,   how 

chosen. 

6.  Town  sealer,  his  duties  and  fees. 

7.  Size  of  measures  for  charcoal. 

8.  Size  of  measures  for  articles  sold  by 

heaped  measure. 


Section 

9.  Penalty   for  using  weights  and  mea- 

sures not  sealed  or  unjust. 

10.  Penalty  on  selectmen  for  not  provid- 

ing a  set  of  standard  weights,  &c., 
for  town, 

11.  Weights  and  measures,  how  sealed. 

12.  "  Hundred     weight "     means     100 

pounds. 

13.  Weighers  to  weigh  accordingly. 

14.  Penalty  for  weighing  illegally. 


Section  1.  The  set  of  standard  weights  and  measures  received 
from  the  secretary  of  state  of  the  United  States,  and  all  scale 
beams,  weights  and  measures  owned  by  this  State,  shall  be  depos- 
ited in  the  office  of  the  treasurer  of  this  State  who  shall  receive 
and  preserve  the  same. 

Sec.  2.  The  governor,  with  the  advice  of  the  council,  shall  ap- 
point a  sealer  of  weights  and  measures  for  each  county  in  this 
State,  who  shall  be  sworn  to  the  faithful  discharge  of  his  duty,  and 
shall  hold  his  office  until  some  other  person  shall  be  appointed  and 
qualified  in  his  stead. 

Sec.  3.  Each  county  sealer  shall  provide  at  the  expense  of  the 
county,  when  necessary,  a  complete  set  of  scale  beams,  weights 
and  measures  similar  to  those  heretofore  owned  by  the  State,  to  be 
kept  as  standards  for  the  use  of  the  county.  He  shall  try  and 
prove  by  said  standards  all  scale  beams,  weights  and  measures 
brought  to  him  for  that  purpose  by  any  town  sealer,  and  shall  seal 
such  as  are  found  agreeable  to  such  standards,  and  shall  receive  six 
cents  for  every  scale  beam,  steelyard,  weight  or  measure  so  tried 
and  proved,  whether  sealed  or  not  sealed. 

Sec.  4.  The  selectmen  of  each  town  when  necessary,  shall  pro- 
vide at  the  expense  of  such  town  one  complete  set  of  weights  and 
measures  and  a  scale  beam  as  aforesaid,  which  shall  be  duly  proved 
and  sealed  by  the  county  sealer  and  shall  be  kept  and  used  as  the 
standards  for  such  town,  and  said  standards  shall  be  tried  and 
proved  by  the  county  standards  once  in  every  five  years. 

Sec.  5.  Each  town  in  this  State  at  its  annual  meeting  shall 
choose  a  sealer  of  weights  and  measures  in  and  for  said  town,  who 
shall  be  sworn  to  the  faithful  discharge  of  his  duty,  who  shall  hold 
his  office  for  one  year,  and  until  some  other  person  is  chosen  and 
qualified  in  his  stead. 


214  WEIGHTS    AND    MEASURES.  [tITLE  XHI. 

Sec.  6.  Such  town  sealer  shall  try  and  prove  all  scale  beams, 
steelyards,  weights  and  measures  which  shall  be  brought  to  him 
for  that  purpose,  and  shall  seal  all  such  as  are  agreeable  to  the  town 
standards  as  aforesaid.  He  shall  be  paid  for  trying  and  proving, 
whether  sealed  or  not,  two  cents  for  each  scale  beam,  steelyard, 
weight  and  measure,  except  that  after  the  first  sealing  he  shall  be 
paid  one  cent  only  for  each,  so  long  as  they  continue  just  with 
the  standard. 

Sec.  7.  Every  basket  or  other  measure  by  which  charcoal  shall 
be  measured  or  sold,  shall  not  be  less  in  its  average  diameter  than 
twenty  inches  and  of  a  depth  sufficient  to  contain  eighteen  gallons, 
level  measure,  which  shall  be  accounted  two  bushels  or  one  strike. 

Sec.  8.  All  measures  by  which  meal,  fruit  and  other  things  usu- 
ally sold  by  heaped  measure,  excepting  charcoal,  shall  be  sold,  shall 
be  of  the  following  dimensions :  the  bushel  not  less  than  eighteen 
inches  and  a  half  in  diameter  inside,  the  half  bushel  not  less  than 
thirteen  inches  and  three  quarters  in  diameter  inside,  the  peck  not 
less  than  ten  and  three  quarter  inches  in  diameter  inside,  and  the 
half  peck  not  less  than  nine  inches  in  diameter  inside. 

Sec.  9.  If  any  person  shall  sell  or  dispose  of  any  goods,  wares, 
merchandise,  grain  or  other  commodities  by  any  scale  beam,  steel- 
yard, weights  or  measm-es  not  proved  and  sealed  as  aforesaid,  or 
shall  fraudulently  sell  or  dispose  of  any  commodities  by  any  scale 
beam,  steelyard,  weights  or  measiu^es  which  have  been  sealed  but 
are  unjust,  he  shall  forfeit  for  each  offence  not  less  than  one  dollar 
nor  more  than  ten  dollars,  one  half  thereof  to  the  use  of  the  pro- 
secutor, the  other  half  to  the  use  of  the  town  in  which  the  offence 
is  committed. 

Sec  10.  If  the  selectmen  of  any  town  shall  neglect  to  procure 
a  set  of  weights  and  measures  for  such  town,  as  is  herein-before 
provided,  they  shall  forfeit  one  hundred  dollars. 

Sec  11.  The  county  sealer  of  weights  and  measures  may  use 
such  seal  as  he  may  select,  and  a  description  thereof  in  writing 
shall  be  first  lodged  in  the  office  of  the  secretary  of  state.  The 
town  sealer  shall  use  such  seal  as  the  town  may  agree  on,  a  record 
of  which  shall  be  previously  made  in  the  town  records. 

Sec  12.  When  any  commodity  shall  be  sold  by  the  hundred 
weight,  it  shall  be  understood  to  mean  the  net  weight  of  one  hun- 
dred pounds,  avoirdupois,  and  all  contracts  concerning  goods  sold 
by  weight  shall  be  construed  accordingly. 

Sec  13.  Every  public  or  town  weigher  of  goods  or  commodities 
shall  weigh  the  same  according  to  the  provisions  of  the  preceding 
section,  and  make  his  certificate  accordingly. 

Sec  14.  If  any  such  Aveigher  shall  offend  against  the  provisions 
of  the  preceding  section,  he  shall  forfeit  a  sum  not  exceeding  five 
dollars,  one  half  to  the  use  of  the  town,  the  other  half  to  the  use 
of  the  prosecutor. 


CHAP.   Ill  ] 


FIRES    AND    FIREWARDS. 


215 


TITLE   XIV. 

OF  INTERNAL  POLICE 


Chapter  111.   Of  the  extinguishment  of  fires. 

Chapter  112.   Of  the  safe  keeping  of  gunpowder. 

Chapter  113.   Of  offences  against  the  pohee  of  towns. 

Chapter  114.   Of  police  officers. 

Chapter  11.5.   Of  watchmen. 

Chapter  IIG.   Of  idle  and  disorderly  persons. 

Chapter  117.   Of  licensed  houses. 

Chapter  118.   Of  Sunday  and  religious  meetings. 

Chapter  119.   Of  the  removal  of  nuisances. 

Chapter  120.   Of  the  small  pox  and  pestilential  diseases. 

Chapter  121.  Of  quarantine. 

Chapter  122.  Of  pilots  and  pilotage,  and  the  harbor  of  Piscataqua. 

Chapter  123.   Of  sea  weed. 

Chapter  124.   Of  hawkers  and  pedlers. 

Chapter  125.  Of  shows  and  exhibitions. 

Chapter  126.  Of  the  record  of  births  and  deaths. 

Chapter  127.  Of  noxious  animals  and  game. 

Chapter  128.  Relating  to  sheep. 


CHAPTER  111. 


OF  THE  EXTINGUISHMENT  OF  FIRES. 


SECTIOtf 

1.  Firewards,  chairman  and   clerk,  pow- 

ers. 

2.  Firewards,  duty  in  case  of  fire,  badges. 

3.  "  power  over  engines  and  per- 
sons. 

4.  Firewards  to  remove  fires  in  streets. 
.5.  Penalty    fi3r    disobeying  orders   of,  or 

assuming  office  of  firewards. 

6.  Concealing  property  at  fire,  larceny. 

7.  Firewards  to  make  regulations  respect- 

ing fires. 

8.  Penalty  for  breach  of  them. 

9.  Fire-engine  and    hosemen,  their  num- 

ber and  appointment. 

10.  Term  of  office  and  exemptions. 

11.  Houses  to  have  buckets  and   ladders. 


Section 

12.  Firewards  to  provide  incase  of  neglect. 

13.  Tenant's  remedy  for  expenses. 

14.  Buildings   may    be    removed  to  stop 

fire. 

15.  Damages,  how  paid  by  selectmen. 

16.  Remedy  for  neglect  to  pay  damages. 

17.  Dangerous   buildings,   notice    to   re- 

pair. 

18.  Notice,  if  owner  resides  out  of  town. 

19.  Repairs  made  by  firewards,  when. 

20.  Repairs  made  immediately,  when. 

21.  Ruinous  buildings,  demolished. 

22.  Money  to  be  advanced  to   firewards 

and  accounted  for. 

23.  Penalties,  how  recovered. 

24.  Towns  may  adopt  these  provisions. 


216  FIRES    AND    FIREWARDS.  [TITLE    XIV. 

Section  1.  The  firewards  of  each  town  shall  choose  a  chair- 
man and  clerk,  whose  signature  to  any  notice  or  other  writing 
required  to  be  given  by  the  firevv^ards  shall  be  valid  and  sufficient. 

Sec.  2.  The  firewards  shall  forthwith  repair  to  the  place  where 
any  fire  may  break  out,  with  their  badge  of  office  which  shall  be  a 
pole  five  feet  long  painted  red ;  and  exert  themselves  and  require 
assistance  from  all  persons  present  to  extinguish  and  prevent  the 
spreading  of  such  fire,  and  to  remove  all  property  endangered 
thereby ;  and  appoint  guards  to  take  care  thereof;  and  suppress  all 
tumults  and  disorders  with- force  if  necessary. 

Sec  3.  They  shall  have  at  all  times  the  control  of  all  fire- 
engines,  fire-hooks,  hose  and  other  implements  designed  or  used 
for  the  extinguishment  of  fire  in  such  town  ;  and  the  control  of 
all  persons  appointed  to  serve  in  any  engine,  axe  or  hose  company, 
or  other  association  whose  duty  shall  be  to  aid  in  extinguishing  or 
preventing  the  spreading  of  fire,  in  all  things  appertaining  to  their 
appointment ;  and  power  to  direct  and  control  the  labor  of  all  per- 
sons present  at  any  fire. 

Sec  4.  Any  fireward  may  and  shall  cause  any  fire  deemed  by 
him  to  be  dangerous,  in  any  street  or  on  any  Avharf,  to  be  extin- 
guished or  removed. 

Sec  5.  If  any  person  present  at  any  fire  shall  refuse  or  neglect 
to  obey  the  commands  of  the  firewards  or  any  of  them,  or  shall 
unlawfully  assume  the  office  or  badge  of  office  of  fircAvard,  he 
shall  be  liable  to  a  penalty  of  not  less  than  five  nor  more  than  fifty 
dollars. 

Sec  6.  If  any  person  at  any  fire  shall  plunder,  embezzle,  con- 
vey away  or  conceal  any  goods  or  property,  and  shall  not  forthwith 
deliver  the  same  or  give  information  thereof  to  the  owner  if  known, 
otherwise  to  one  of  the  firewards  or  selectmen,  he  shall  be  deemed 
guilty  of  larceny. 

Sec  7.  The  firewards  of  any  town  may  establish  such  regula- 
tions respecting  the  kindling,  guarding  and  safe  keeping  of  fires, 
for  the  prevention  and  extinguishment  of  fires,  and  for  the 
removing  of  shavings  and  other  combustibles  from  any  building  or 
place  as  they  shall  think  expedient.  Such  regulations  shall  be 
signed  by  the  major  part  of  the  firewards.  recorded  by  the  town 
clerk,  and  copies  of  such  record  attested  by  the  town  clerk,  posted 
up  in  two  or  more  public  places  in  the  town  thirty  days  before 
they  shall  take  eff'ect. 

Sec  8.  Penalties,  not  exceeding  twenty  dollars  for  each  offence, 
may  be  prescribed  by  the  firewards  for  the  breach  of  such  regula- 
tions, and  such  regulations  shall  remain  in  force  until  altered  or 
annulled  by  law  or  by  the  firewards  of  the  town. 

Sec  9.  The  firewards  shall  appoint  enginemen  and  hosemen 
not  exceeding  eighteen  to  each  engine  or  hose  company.  If  a 
greater  number  is  necessary  to  any  engine  in  the  judgment  of  the 
selectmen,  the  firewards  with  the  selectmen  may  appoint  not  ex- 


CHAP.   111.]  FIRES    AND    FIREWARDS.  217 

ceeding  twenty-tAvo  additional  men.  They  shall  be  appointed  by 
warrant  signed  by  the  chairman  and  clerk  of  the  fire  wards,  and  by 
the  selectmen  when  they  join  in  the  appointment,  and  recorded  by 
such  clerk. 

Sec.  10.  Such  appohitments  shall  continue  in  force  until  they 
shall  resign,  remove  from  town  or  be  discharged  by  the  fire  wards 
and  such  discharge  recorded  by  their  clerk,  and  they  shall  be  ex- 
empted from  serving  on  juries  and  from  military  duty,  as  provided 
in  the  law  relating  to  the  militia. 

Sec.  11.  Every  house  or  building  with  fireplaces  or  stoves  shall 
have  thereon  a  good  secure  ladder  or  ladders  reaching  from  the 
ground  to  the  ridge  pole,  and  shall  be  provided  with  one  leathern 
bucket  of  such  size  and  form  as  the  firewards  may  prescribe,  for 
every  two  fireplaces  or  stoves  in  such  house  ;  and  if  the  owner  shall 
not  provide  and  keep  in  repair  such  buckets  and  ladders,  he  shall 
be  liable  to  a  penalty  of  six  dollars  for  every  three  months'  neglect. 

Sec  12.  In  case  of  such  neglect  the  firewards  may  give  notice 
to  the  owner  or  to  the  occupant,  if  the  owner  is  unknown  or  does 
not  reside  in  town,  to  provide  such  buckets  and  ladders,  and  if  the 
same  shall  not  be  provided  within  thirty  days  after,  they  shall  pro- 
vide the  same  at  the  expense  of  the  town,  and  the  town  may 
recover  the  same  of  the  owner  or  of  the  occupant,  if  the  owner  is 
unknown  or  does  not  reside  in  town,  by  an  action  of  debt,  to  be 
brought  by  the  firewards  in  the  name  of  the  town. 

Sec  13.  Any  tenant  who  shall  be  obliged  by  virtue  of  this  act 
to  pay  any  money  which  the  lessor  ought  to  have  paid,  may  retain 
the  same  out  of  his  rent  or  recover  the  same  of  the  lessor  by 
action. 

Sec  14.  The  major  part  of  the  firewards  present  at  any  fire, 
may  cause  any  building  or  thing  whatever  to  be  pulled  down, 
blown  up  or  removed  that  they  shall  judge  necessary  to  stop  the 
progress  of  such  fire,  and  any  fireward  may  require  assistance  from 
any  person  present  at  such  fire  for  that  purpose. 

Sec  15.  The  selectmen  on  application  shall  appraise  the  damage 
done  to  any  building  or  thing,  by  order  of  the  firewards  as  afore- 
said, assess  a  tax  for  the  payment  thereof  and  make  compensation 
therefor  to  the  owner,  unless  it  shall  appear  that  the  fire  began  in 
such  building  or  that  the  same  must  have  been  burned,  if  it  had 
not  been  destroyed  or  removed. 

Sec  16.  Upon  the  refusal  of  the  selectmen  or  their  neglect  for 
three  months  after  such  application,  to  appraise  such  damage  and 
assess  such  tax,  the  party  injured  may  petition  the  court  of  com- 
mon pleas  for  redress,  and  such  court  after  due  notice  to  the  town 
shall  ascertain  such  damages,  and  render  judgment  and  issue  exe- 
cution therefor  and  for  costs  against  the  town. 

Sec  17.  The  firewards  shall  give  written  notice  to  the  owner 
of  any  building  by  them  deemed  to  be  dangerous  by  reason  of 
decay,  want  of  repairs,  or  otherwise,  to  repair  or  alter  the  same, 
28 


218  FIRES    AND    FIREWARDS.  [XITLE    XIV. 

which  notice  shall  contain  a  particular  account  of  the  repairs  or 
alterations  required  to  be  made. 

Sec.  18.  If  the  owner  do  not  reside  in  the  town,  such  notice 
may  be  given  to  the  occupant,  if  any,  and  if  there  is  no  occupant, 
such  notice  may  be  posted  up  in  at  least  three  public  places  in  such 
town. 

Sec.  19.  If  such  repairs  or  alterations  are  not  made  within  thirty 
days  after  such  notice  given  or  posted  up,  the  firewards  may  cause 
the  same  to  be  made  at  the  expense  of  the  town,  and  the  town 
may  recover  the  expense  thereof  of  such  owner  or  occupant  in  an 
action  of  debt,  to  be  brought  by  the  firewards  in  the  name  of  the 
town. 

Sec  20.  The  firewards,  when  in  their  opinion  the  public  safety 
may  be  greatly  endangered  unless  such  repairs  or  alterations  are 
immediately  made,  may  limit  a  shorter  period  than  thirty  days, 
and  notice  thereof  being  given  as  aforesaid,  may  upon  neglect  of 
the  owner  make  such  repairs  or  alterations  at  the  expiration  of  the 
time  so  limited. 

Sec  21.  If  such  building  shall  in  the  opinion  of  the  firewards 
be  so  ruinous  as  to  be  not  worth  repairing,  and  such  repairs  are  not 
made  within  sixty  days  after  such  notice,  they  may  demolish  the 
same  at  the  expense  of  the  town  and  file  with  their  clerk  a  partic- 
ular account  of  such  expense,  and  if  the  same  is  not  paid  within 
five  days  from  such  filing,  they  may  sell  at  public  auction  the  ma- 
terials of  such  building,  and  after  deducting  the  said  expense  and 
the  cost  of  the  sale,  shall  pay  the  proceeds  into  the  town  treasmy, 
to  be  paid  over  to  the  owner  of  the  building  upon  request. 

Sec  22.  The  selectmen  shall  advance  to  the  firewards  such 
sums  as  may  be  necessary  to  carry  this  act  [chapter]  into  effect, 
and  the  firewards  shall  in  March,  before  the  annual  town  meeting, 
render  to  the  selectmen  an  exact  account  of  their  receipts  and  ex- 
penditures, to  be  laid  before  the  town,  in  which  all  penalties  re- 
covered by  virtue  of  this  chapter  shall  be  accounted  for. 

Sec  23.  All  penalties  incuiTed  by  any  breach  of  the  provisions 
of  this  chapter  or  of  any  regulation  prescribed  by  the  firewards, 
may  be  recovered  by  action  of  debt,  to  be  brought  by  the  fire- 
wards in  the  name  of  the  town.  Such  penalties  shall  be  applied 
to  the  purchase  of  engines  or  instruments  proper  to  be  used  in  case 
of  fire,  or  paid  into  the  treasury  of  the  town. 

Sec  24.  This  chapter  shall  be  in  force  only  in  such  town  as 
shall  at  a  legal  meeting  adopt  the  same  ;  but  any  town  may  adopt 
a  part  thereof  only,  and  may  exempt  from  the  operation  of  the 
eleventh  section  such  persons  as  live  remote  from  the  compact  part 
thereof. 


CHAP.    112.J  KEEPING    GUNPOWDER.  219 

CHAPTER  11^. 

OF  THE  SAFE  KEEPING  OF  GUNPOWDER. 


Section 

1.  Search  may  be  made  for  gunpowder. 

2.  Penalty   for   keeping,  or   storing  ille- 

gally. 

3.  Gunpowder,  how  kept  for  retail. 

4.  How  transported  in  villages. 

rj.  Carriage  with  gunpowder,  not  to  stand 
in  streets. 


Section 

6.  Gunpowder  forfeited  in  such  case. 

7.  Gunpowder    not  to  be   carried  from 

town  to  town  for  retail. 

8.  Keeper  of  magazine,  his  duties. 

8  Masters  of  vessels  to  deposit  gunpow- 
der in  magazine. 
10.  Penalties,  how  recovered  and  applied. 


Section  1.  Any  two  police  officers,  firewards  or  selectmen  may 
search  any  building  in  the  compact  part  of  any  town,  and  any 
vessel  lying  in  any  port  in  this  State,  in  which  they  have  cause  to 
suspect  that  gunpowder  in  a  greater  quantity  than  twenty-five 
pounds  may  be  kept  or  stored ;  and  in  case  a  greater  quantity  shall 
be  found,  the  said  police  officers,  firewards  or  selectmen  shall  seize 
the  same  as  forfeited. 

Sec.  2.  Any  person  who  shall  keep  or  knowingly  suffer  any  quan- 
tity of  gunpowder  greater  than  twenty-five  pounds,  to  be  kept  or 
stored  in  any  such  building  or  vessel,  or  aid  or  assist  in  keeping  or 
storing  the  same,  or  shall  know  that  the  same  is  so  stored  or  kept, 
and  shall  not  forthwith  inform  one  of  the  police  officers,  firewards 
or  selectmen  thereof,  shall  forfeit  a  sum  not  more  than  five  dollars 
nor  less  than  one  dollar  for  every  day  the  same  shall  be  so  stored 
or  kept. 

Sec.  3.  Gunpowder  kept  for  retail  in  quantities  less  than  twenty- 
five  pounds,  shall  at  all  times  be  kept  in  a  cannister  of  tin  or  other 
metal  securely  covered  from  fire,  or  if  the  same  is  kept  in  a  cask, 
or  wooden  or  combustible  vessel,  the  said  cask  or  vessel  shall  be 
enveloped  in  a  close  leathern  bag  ;  and  if  any  person  shall  keep 
any  gunpowder  for  retail  in  any  other  manner  than  as  aforesaid,  he 
shall  forfeit  a  sum  not  more  than  five  dollars  nor  less  than  one  dol- 
lar for  every  day  the  same  shall  be  so  kept. 

Sec  4.  No  gunpowder  shall  be  transported  through  the  compact 
part  of  any  town  or  village  in  greater  quantities  than  one  hundred 
pounds,  nor  unless  the  casks  containing  the  same  be  enveloped  in 
close  leathern  bags,  unless  it  shall  be  conveyed  in  a  closely  cover- 
ed carriage,  and  if  any  person  shall  transport  any  greater  quantity 
of  gunpowder,  or  in  any  other  manner  than  is  herein-before  ex- 
pressed, he  shall  forfeit  a  sum  not  exceeding  fifty  dollars  nor  less 
than  fifteen  dollars. 

Sec  5.  No  carriage  upon  which  there  shall  be  a  greater  quantity 
than  twenty-five  pounds  of  gunpowder,  shall  be  permitted  to  stand 
in  any  building  or  near  any  dwelling  house,  store  or  other  building 


220 


POLICE    OF    TOWNS. 


[title  XIV. 


ill  the  compact  part  of  any  town,  and  any  person  who  shall  stop, 
place  or  leave  any  such  carriage  as  aforesaid,  shall  forfeit  a  sum 
not  exceeding  fifty  dollars  nor  less  than  fifteen  dollars. 

Sec.  6.  In  case  any  gunpowder  shall  be  found  upon  any  carriage 
contrary  to  the  provisions  of  this  chapter,  any  police  officer,  fire- 
ward  or  selectman  may  seize  the  same  as  forfeited. 

Sec.  7.  If  any  person  shall  carry  from  town  to  town,  or  from 
place  to  place,  any  gunpowder  for  the  purpose  of  peddling  or  sell- 
ing it  by  retail  in  quantities  less  than  twenty-five  pounds,  or  shall 
sell  or  offer  to  sell  by  retail  any  gunpowder  in  any  highway  or 
street,  or  on  any  wharf,  parade  or  common,  or  if  any  person  shall 
sell  or  deal  out  any  gunpowder  in  the  night  time  between  sunset 
and  sunrise,  he  shall  forfeit  for  each  offence  a  sum  not  more  than 
five  dollars  nor  less  than  one  dollar. 

Sec.  8.  When  any  magazine  for  gunpowder  shall  be  provided 
by  any  town  for  public  use,  a  keeper  of  such  magazine  shall  be 
annually  chosen,  who  shall  receive  into  and  deliver  out  of  said 
magazine  all  gunpowder  brought  or  deposited  there,  and  account 
for  the  same,  and  he  shall  receive  for  his  services  at  the  rate  of 
twenty  cents  for  a  hundred  pounds  for  all  quantities  above  ten 
pounds,  and  for  less  quantities  one  cent  a  pound. 

Sec  9.  The  master  of  any  merchant  ship  or  vessel  bringing 
gunpowder  into  Portsmouth,  in  quantity  greater  than  twenty-five 
pounds,  shall  deposit  in  the  public  magazine  all  gunpowder  so 
brought  by  him  within  forty-eight  hours,  and  if  he  shall  neglect 
so  to  deposit  the  same,  he  shall  forfeit  the  sum  of  one  hundred  and 
fifty  dollars. 

Sec  10.  All  penalties  and  forfeitures  incurred  by  any  violation 
of  this  chapter,  shall  be  sued  for  and  recovered  by  action  of  debt, 
to  be  brought  by  the  police  officers,  firewards  or  selectmen  in  the 
name  of  the  town,  and  shall  be  expended  in  the  purchase  of  such 
articles  as  are  proper  to  be  used  in  the  extinguishment  of  fires. 


CHAPTER  113. 


OF  OFFENCES  AGAINST  THE  POLICE  OF  TOWNS. 


Section 

1 .  Offences  and  disorders  in  streets. 

2.  Obscene  words,  songs  or  figures. 

3.  Defacing  buildings,  injuring  trees,  &c 

4.  Gaming  or  juggling  unlawful. 
.'>.  Firing  guns  or  making  noises. 
G.  Bathing  in  exposed  places. 

7.  Leaving  carriages,  &c.,  in  streets. 


Section 

8.  Injuring  sidewalks  or  pavements. 

9.  Drunkards  and  prostitutes  punished. 

10.  Furnishing  spirits  to  paupers  or  idlers. 

11.  Purchasing  property  of  paupers. 

12.  Resisting  police  officers,  penalty. 

13.  Riding  in  streets  at  a  gallop. 

14.  Carelessly  driving  carts,  penalty. 


CHAP.    113.] 


POLICE    OF    TOWNS. 


221 


Section 

15.  Persons  convicted,  how  punished. 

16.  Trials  to  be  upon  complaint. 

17.  Warrant  or  summons  to  be  issued. 

18.  Proccedings.on  neglect  to  appear. 


Section 

19.  Appeal,  when  allowed. 

20.  Parents,  «Ssc.,  liable  for  minors. 

21.  Fines  to  whom  paid. 


Section  1.  No  person  shall  make  any  brawls  or  tumults,  or  in  any 
street,  lane  or  alley,  or  other  public  place,  be  guilty  of  any  rude, 
indecent  or  disorderly  conduct  ;  or  shall  insult  or  wantonly  impede 
any  person  passing  therein ;  or  shall  throw  any  stones,  bricks, 
snow-balls  or  dirt,  or  play  at  ball  or  any  game  at  which  ball  is  used. 

Sec.  2.  No  person  shall  sing  or  repeat,  or  cause  to  be  sung  or 
repeated  any  lewd,  obscene  or  profane  song,  or  shall  repeat  any  lewd, 
obscene  or  profane  words ;  or  write  or  mark  in  any  manner  any  ob- 
scene or  profane  word,  or  obscene  or  lascivious  figure  or  represent- 
ation on  any  building,  fence,  wall,  post  or  other  thing  whatever. 

Sec.  3.  No  person  shall  wantonly  injure  or  deface  any  building, 
fence,  wall,  post,  sign  board  or  sign ;  or  shall  wantonly  cut  or 
injure  any  tree  standing  in  any  street,  highway  or  public  place ;  or 
shall  rob  any  garden  or  field  of  fruit  or  vegetables  ;  or  shall  wanton- 
ly injure  any  trees,  shrubs  or  bushes  growing  in  any  garden,  field 
or  yard ;  or  shall  without  lawful  permission  climb  on  or  over  any 
fence  of  any  garden  or  yard. 

Sec.  4.  No  person  shall  use  any  juggling,  or  unlawful  games  or 
plays,  or  play  at  any  game  whatever  for  money  or  other  property. 

Sec.  5.  No  person  shall  within  the  compact  part  of  any  town  fire 
or  discharge  any  cannon,  gun,  pistol  or  other  firearms,  or  beat  any 
drum,  (except  by  the  command  of  a  military  officer  having  author- 
ity therefor,)  or  fire  or  discharge  any  rockets,  squibs,  crackers  or 
any  preparation  of  gunpowder,  (except  by  permission  of  a  majority 
of  the  police  officers  or  selectmen  in  writing,)  or  shall  make  any 
bonfire,  or  improperly  use  or  expose  any  friction  matches,  or  know- 
ingly raise  or  repeat  any  false  cry  of  fire. 

Sec  G.  No  person  shall  within  the  view  of  any  dAvelling  house 
or  of  any  public  road,  street  or  wharf,  in  the  day  time,  bathe  or  swim 
without  necessity,  or  expose  his  person  indecently  in  dressing  or 
undressing  for  the  purpose  of  swimming  or  bathing,  or  otherwise, 
without  necessity. 

Sec  7.  No  person  shall  without  necessity  place  or  leave,  or  cause 
to  be  placed  or  left  in  any  street,  lane,  alley  or  public  place,  for  two 
hours  by  day  or  one  hour  by  night,  any  sled,  wheelbarrow,  cart, 
dray,  chaise  or  other  carriage,  or  any  box,  crate,  cask,  tub  or  other 
vessel ;  or  place  or  throw,  or  cause  to  be  placed  or  thrown  into  any 
such  street,  lane,  alley  or  public  place  any  wood,  lumber,  manure, 
dirt  or  other  matter  that  may  impede  the  free  passage  of  the  same, 
and  suffer  the  same  to  remain  there  two  hours. 

Sec  8.  No  person  shall  without  necessity  drive  any  wheel  car- 
riage, sled  or  wheelbarrow,  on  or  over  the  side  pavements  or  walks 
of  any  street,  lane  or  alley,  or  ride  or  lead  any  horse  thereon. 


222  POLICE    OF    TOWNS.  [XITLE  XIV. 

Sec.  9.  If  any  person  shall  be  found  drunk  in  any  street,  alley 
or  other  public  place,  or  shall  be  a  common  street  walker  or  prosti- 
tute, such  person  shall  be  punished  therefor. 

Sec.  10.  No  person  shall  sell,  give  or  otherwise  furnish  to  any 
pauper  or  person  committed  to  any  house  of  correction,  any  spirit- 
uous liquor  whatever,  except  by  permission  of  the  keeper  thereof; 
or  to  any  spendthrift  or  idle  person  under  guardianship,  except  by 
permission  of  his  guardian. 

Sec.  11.  No  person  shall  purchase  or  receive  in  exchange  or  oth- 
erwise, from  any  pauper  supported  in  any  almshouse  or  poor  house, 
without  permission  of  the  overseers  of  the  poor,  any  property 
whatever,  and  any  person  so  offending,  shall  be  punished  under  the 
provisions  of  this  chapter,  and  shall  pay  treble  the  value  of  such 
property  to  said  overseers. 

Sec.  12.  If  any  person  shall  rescue  or  attempt  to  rescue  any 
prisoner  in  the  custody  of  any  police  officer,  or  shall  wilfully  and 
knowingly  resist  any  police  officer  in  the  execution  of  his  office, 
he  shall  be  deemed  guilty  of  a  violation  of  this  chapter. 

Sec.  13.  If  any  person  shall  ride  through  any  street  or  lane  in 
the  compact  part  of  any  town  on  a  gallop,  or  at  any  swifter  pace 
than  at  the  rate  of  five  miles  an  hour,  he  shall  be  deemed  guilty  of 
a  violation  of  this  chapter. 

Sec  14.  If  any  person  having  the  charge  of  any  cart,  dray,  sled 
or  other  carriage  drawn  by  horses  or  oxen,  shall  suffer  the  same  to 
pass  through  any  street  in  the  compact  part  of  any  town  without 
keeping  with  and  carefully  attending  the  same,  and  keeping  such 
horses  or  oxen  mider  his  command,  he  shall  be  deemed  guilty  of  a 
violation  of  this  chapter. 

Sec.  15.  Any  person  convicted  of  any  offence  in  this  chapter 
mentioned,  shall  be  punished  by  fine  not  exceeding  ten  dollars  nor 
less  than  one  dollar,  and  shall  pay  costs  of  piosecution  and  stand 
committed  until  the  same  be  paid,  or  by  imprisonment  for  a  term 
not  less  than  five  days  nor  more  than  thirty  days  in  the  common 
jail,  or  in  the  bridewell  of  such  town,  or  by  confinement  to  hard 
labor  the  like  term  in  the  house  of  correction,  at  the  discretion  of 
the  justice  or  of  the  court  before  Avhom  such  conviction  shall  be 
had. 

Sec  16.  No  trial  shall  be  had  for  any  offence  in  this  chapter 
mentioned,  but  upon  complaint  on  oath.  If  the  name  of  the 
offender  is  not  known,  it  shall  be  sufficient  to  insert  in  such  com- 
plaint and  in  the  other  proceedings  any  description  by  which  he 
may  be  known. 

Sec.  17.  If  the  person  charged  with  any  offence,  shall  not  be  in 
custody,  the  justice  to  whom  the  complaint  shall  be  made,  shall 
issue  a  Avarrant  in  due  form  of  law  for  his  arrest,  or  a  summons 
requiring  him  to  appear  at  a  certain  time  and  place,  which  shall  be 
served  by  delivering  to  him  an  attested  copy  of  such  summons. 

Sec  18.  If  any  person  so  summoned  shall  not  appear  as  required 


CHAP.  114] 


POLICE    OFFICERS. 


223 


by  such  summons,  the  justice  may  hear  the  evidence,  and  acquit  or 
convict  such  person  in  the  same  manner  as  if  he  were  present. 

Sec.  19.  Any  person  convicted  of  any  offence  mentioned  in  this 
chapter,  may  appeal  to  the  court  of  common  pleas  for  the  county 
within  two  hours  after,  upon  giving  bond  with  sufficient  sureties 
to  the  town  to  prosecute  said  appeal  with  effect  and  to  pay  costs,  if 
he  shall  not  be  discharged  at  said  court. 

Sec.  20.  If  any  person  so  convicted  shall  be  a  minor  under  the 
age  of  fourteen  years,  his  parent,  guardian  or  master  shall  be  liable 
to  pay  the  fine  and  costs  imposed,  provided  he  shall  have  received 
due  notice  of  the  time  and  place  of  trial  of  such  minor  for  said 
offence  ;  and  an  action  of  debt  may  be  maintained  by  the  police 
officers  in  the  name  of  the  town  therefor. 

Sec.  21.  All  fines  and  costs  adjudged  under  this  chapter,  shall 
be  paid  to  the  justice  who  imposed  the  same,  and  such  fines  shall 
be  paid  by  him  to  the  town,  and  the  costs  to  the  several  persons 
entitled  thereto. 


CHAPTER  114. 


OF  POLICE  OFFICERS. 


Section 

1.  Police  officers,  how  appointed. 

2.  "  "        when  appointed. 

3.  "  "       term  of  office,  authori 

ty  and  compensation. 

4.  Police  officers  may  arrest  on  view. 

5.  "  "        may  commit,  when. 


Section 

6.  Keepers  of  prison  to  detain. 

7.  Police  officers  to  make  regulations 

8.  Regulations,  how  approved. 

9.  Selectmen  may  remit  fines. 

10.  Provisions  may  be  adopted  by  towns 


Section  1.  Police  officers  not  exceeding  seven  in  number,  shall 
be  appointed  by  the  selectmen  of  each  town  in  which  this  chapter 
may  be  in  force,  by  writing  under  their  hands,  and  shall  be  quali- 
fied by  taking  the  oath  of  office,  and  causing  the  said  appointment 
and  the  certificate  of  such  oath  written  thereon,  to  be  recorded  by 
the  town  clerk  ;  and  may  be  removed  at  the  pleasure  of  the  select- 
men. 

Sec.  2.  It  shall  be  the  duty  of  said  selectmen  to  make  the  said 
appointments  in  the  month  of  March  ;  but  if  a  vacancy  shall  occur 
from  any  cause  or  if  such  appointment  shall  not  have  been  made 
in  March,  the  selectmen  may  appoint  at  any  time  afterwards. 

Sec  3.  Police  officers  shall  l^old  their  office  until  the  last  day 
of  the  next  March,  and  shall  be  by  virtue  of  said  appointment  con- 
stables and  conservators  of  the  peace,  and  shall  receive  such  com- 
pensation as  shall  be  voted  by, the  town,  and  the  same  fees  as 
constables. 


224  POLICE    OFFICERS.  [TITLE  XIV. 

Sec.  4.  Any  police  officer  upon  view  of  any  offence  committed 
against  the  provisions  of  this  chapter,  may  arrest  the  offender  and 
forthwith  carry  him  before  a  justice  of  the  peace  to  answer  a  com- 
plaint therefor,  and  the  oath  of  such  police  officer  shall  be  sufficient 
evidence  of  snch  offence,  unless  invalidated  by  other  evidence. 

Sec.  5.  If  any  police  officer  shall  arrest  any  such  offender  be- 
tween sunset  and  sunrise,  or  shall  arrest  any  person  for  being  found 
drunk  contrary  to  the  provisions  of  this  chapter,  he  may  commit 
such  person  to  the  common  jail,  or  the  bridewell  or  house  of  cor- 
rection, or  otherwise  retain  him  in  safe  custody  not  exceeding 
twenty-four  hours,  within  which  time  he  shall  be  discharged  or 
taken  before  a  justice  of  the  peace  to  answer  for  the  offence.    ." 

Sec  G.  The  keeper  of  such  jail,  bridewell  or  house  of  correction 
shall,  upon  the  verbal  request  of  any  police  officer,  receive  and  de- 
tain in  custody  every  person  so  arrested  and  presented  by  him,  not 
exceeding  twenty-four  hours,  unless  sooner  called  for  by  the  same 
or  some  other  police  officer. 

Sec.  7.  The  police  officers  of  any  town  may  make  such  regula- 
tions as  they  may  deem  expedient  for  the  stands  of  hacks,  di-ays 
aiid  carts  in  any  street,  lane  or  alley ;  and  for  the  height  and 
position  of  any  awning,  shade  or  fixture  in  front  of  or  near  any 
building ;  and  respecting  any  obstruction  in  any  street,  lane  or 
alley,  the  smoking  of  any  pipe  or  cigar  therein,  or  in  any  stable  or 
other  outbuilding  ;  and  every  violation  of  such  regulations  may  be 
proceeded  against  and  punished,  in  the  same  manner  as  other  of- 
fences mentioned  in  the  preceding  chapter. 

Sec  8.  No  regulation  made  by  such  police  officers,  shall  take  effect 
until  the  same  shall  be  approved  by  the  selectmen  of  the  town,  and 
recorded  with  such  approbation  by  the  town  clerk,  and  published 
a  reasonable  time  in  one  or  more  newspapers  printed  in  the  town, 
or  in  case  there  be  no  newspaper  printed  in  such  town,  by  posting 
up  a  certified  copy  thereof  at  two  or  more  public  places  therein. 

Sec  9.  The  selectmen  may  remit  fines  imposed  for  violations 
of  this  chapter,  and  costs,  and  discharge  offenders  from  imprison- 
ment, and  the  town  shall  be  liable  for  the  prison  charges  in  case 
of  the  offender's  inability. 

Sec  10.  This  chapter  shall  be  in  force  in  all  towns  which  have 
at  any  legal  meeting  adopted  its  provisions,  and  in  all  towns  in 
which  any  of  the  provisions  of  an  act  entitled  "  An  act  to  establish 
a  system  of  police  in  the  town  of  Portsmouth,  and  for  other  pur- 
poses, passed  June  23,  1823,"  are  in  force. 


CHAP.  116]  IDLE    AND    DISORDERLY    PERSONS. 


225 


CHAPTER  115. 


OF  WATCHMEN. 


Section 

1.  Watchmen  appointed  by  selectmen. 

2.  How  appointed  and  their  powers. 


Section 

3.  May  arrest,  when  and  for  what. 

4.  Proceedings  against  persons  arrested. 


Section  1.  The  selectmen  of  any  town  being  anthorized  by 
vote  of  the  town,  may  appoint  watchmen  for  performing  a  walking 
night  watch,  and  fix  their  stations  and  limits,  prescribe  their  duties, 
and  contract  for  and  pay  them  a  reasonable  compensation  for  their 
services. 

Sec.  2.  They  shall  be  appointed  and  qualified  in  the  same  man- 
ner, and  shall  have  while  on  duty  the  same  powers  as  police  officers. 

Sec.  3.  Every  watchman  may  arrest  any  person  whom  he  shall 
find  committing  any  kind  of  disorder  or  disturbance,  or  any  crime 
or  any  offence  against  the  police  of  towns,  or  such  as  are  strolling 
about  the  streets  at  unseasonable  hours,  who  refuse  to  give  an  ac- 
count or  may  reasonably  be  suspected  of  giving  a  false  account  of 
their  business  or  design,  or  who  can  give  no  account  of  the  occa- 
sion of  their  being  abroad. 

Sec.  4.  Every  person  so  arrested  may  be  committed,  detained 
and  proceeded  against  in  the  manner  provided  by  the  chapter  rela- 
ting to  the  police  of  towns,  in  the  case  of  ofiences  prohibited 
thereby. 


CHAPTER  116. 


OF  THE  PUNISHMENT  OF  IDLE  AND  DISORDERLY  PERSONS. 


Section 

1 .  Houses  of  correction,  how  erected. 

2.  Offences  described. 

3.  Offenders,  how  punished. 


Section 

4.  Appeal,  when  allowed. 

5.  Offenders  may  be  arrested. 


Section  1.  The  court  of  common  pleas  for  any  county,  or  the 
inhabitants  of  any  town  at  any  legal  meeting  may  provide  such 
lands,  buildings  and  articles  of  any  kind  as  may  be  necessary 
for  a  house  of  correction  for  such  town  or  county,  and  may  appoint 
suitable  officers  for  the  management  thereof,  and  make  all  necessa- 
ry by-laws  and  regulations  for  the  government  of  the  inmates,  and 
cause  the  same  to  be  enforced ;  but  in  no  case  shall  the  punish- 
ment inflicted  exceed  hard  labor  and  such  reasonable  correction  as 
29 


226  IDLE    AND    DISORDERLY    PERSONS.        [TITLE  XIV. 

a  parent  may  lawfully  inflict  upon  a  refractory  child,  or  solitary 
imprisonment  not  exceeding  forty-eight  hours  at  one  time. 

Sec.  2.  All  rogues,  vagabonds,  lewd,  idle  or  disorderly  persons; 
any  person  going  about  begging  ,•  any  person  using  any  subtle 
craft,  juggling,  or  unlawful  game  or  play ;  any  person  pretending 
to  have  knowledge  in  physiognomy  or  palmistry  ;  any  person  pre- 
tending for  money  to  tell  destinies  or  fortunes,  or  discover  by  any 
spell  or  secret  art  where  lost  or  stolen  goods  may  be  found ;  any 
common  piper,  fiddler,  runaway,  stubborn  servant  or  child,  com- 
mon drunkard,  night  walker,  pilferer  or  person  wanton  and  lascivi- 
ous in  speech  or  behavior ;  any  common  railer  or  braider ;  and 
any  person  who  neglects  his  employment,  misspends  his  earnings 
and  does  not  provide  properly  for  the  support  of  himself  and  fami- 
ly ;  may  be  sent  to  the  house  of  correction  in  the  town  or  county 
in  which  such  offence  is  committed,  and  for  want  of  such  house 
of  correction,  the  common  jail  of  the  county  may  be  used  for  that 
purpose. 

Sec.  3.  In  any  such  case  complaint  in  writing,  under  oath,  shall 
be  made  to  some  justice  of  the  peace  who  may  thereupon  issue  a 
warrant  under  his  hand  and  seal,  and  cause  the  oflTender  to  be 
brought  before  him,  and  if  upon  examination  the  complaint  shall 
be  sustained,  said  justice  may  sentence  the  offender  to  confinement 
and  hard  labor  in  the  house  of  correction  in  such  town  or  county, 
for  a  term  not  exceeding  six  months. 

Sec  4.  Any  person  convicted  and  sentenced  as  aforesaid,  may 
appeal  to  the  next  court  of  common  pleas  for  the  county,  by  recog- 
nizing with  sufficient  surety  or  sureties  before  the  justice  in  such 
reasonable  sum  as  he  may  order,  conditioned  that  the  appellant  shall 
enter  and  prosecute  the  appeal  with  effect,  and  abide  the  order 
of  the  court  thereon,  and  in  the  mean  time  keep  the  peace  and  be 
of  good  behavior  toward  all  the  citizens  of  the  State  ;  and  a  com- 
mission of  the  like  offence  by  the  appellant  before  a  decision  is  had 
on  such  appeal,  shall  be  deemed  to  be  a  breach  of  the  condition  of 
the  recognizance. 

Sec.  5.  If  any  person  shall  be  found  committing  either  of  said 
ofljences  in  any  public  street  or  road  in  the  night  time,  he  may  be 
apprehended  by  any  magistrate,  constable  or  watchman,  or  by  any 
person  by  order  of  such  officer,  and  kept  in  custody  in  some  con- 
venient place  not  exceeding  twenty-four  hours,  during  which  time 
he  shall  be  carried  before  some  justice  of  the  peace,  there  to  be 
prosecuted  or  discharged  according  to  law. 


CHAP.    117.] 


LICENSED    HOUSES, 


227 


CHAPTER  117. 


OF  LICENSED  HOUSES. 


Section 

1.  Taverners  to  be  licensed. 

2.  "  how  furnished. 

3.  "  not  to  suffer  tippling. 

4.  "  license  may  be  revoked. 


Section 

5.  Retailers  may  be  licensed. 

6.  Selling  spirit,  penalty  for. 

7.  Recording  license,  fees  for. 

8.  Justices  may  bind  over. 


Section  1.  The  selectmen  on  application  may  license  any  suita- 
ble person  of  good  moral  character,  to  exercise  the  business  of  a 
taverner  in  such  town.  Such  license  shall  designate  the  house 
where  such  tavern  shall  be  kept,  and  being  first  recorded  by  the 
town  clerk,  shall  be  in  force  as  to  such  house  and  no  other  for  one 
year  only ;  but  such  license  shall  not  authorize  the  sale  of  wine 
and  spirituous  liquors,  unless  expressly  authorized  therein. 

Sec.  2.  Every  licensed  taverner  shall  at  all  times  be  furnished 
at  the  house  designated  in  his  license,  with  suitable  provisions  and 
accommodations  for  travellers,  their  cattle  and  horses,  and  if  any 
person  so  licensed  shall  not  be  so  furnished,  he  shall  forfeit  the  sum 
of  five  dollars,  to  be  recovered  by  any  person  suing  for  the  same. 

Sec.  3.  If  any  licensed  taverner  shall  permit  any  riotous,  disor- 
derly or  irregular  conduct  in  or  about  his  house  or  buildings,  or 
permit  any  person  upon  the  Lord's  day  to  remain  drinking  intoxi- 
cating liquor  therein,  or  at  any  other  time  permit  any  person  to 
remain  therein  drinking  to  excess,  or  permit  any  person  to  play  at 
cards,  dice  or  billiards,  or  at  any  bowling  alley,  or  any  game  in  or 
about  his  house,  yards  or  buildings,  he  shall  be  punished  by  fine 
not  exceeding  twenty  dollars. 

Sec.  4.  If  any  licensed  taverner  shall  be  destitute  of  any  of  the 
provisions  or  accommodations  aforesaid,  or  shall  permit  in  or  about 
his  house  any  conduct  forbidden  by  this  chapter,  the  selectmen  on 
complaint  shall  notify  the  parties  interested,  hear  and  examine  all 
evidence  in  relation  to  the  same,  and  if  they  shall  see  cause,  shall 
forthwith  revoke  such  taverner's  licence ;  and  the  said  revocation 
being  recorded  by  the  town  clerk  and  notice  thereof  given  to  said 
taverner,  such  license  shall  be  void. 

Sec.  5.  The  selectmen  on  application  may  license  any  retailer 
to  sell  wine  and  spirituous  liquors  in  any  quantity  not  less  than 
one  pint,  to  be  sold,  delivered  and  carried  away.  Such  license  shall 
designate  the  place  of  sale,  and  shall  be  recorded  and  in  force  in 
the  same  manner  and  for  the  same  time  as  a  taverner's  license. 

Sec.  6.  If  any  person  not  being  a  licensed  taverner  or  retailer, 
shall  sell  any  spirituous  liquor  or  wine, mixed,  or  otherwise,  in  any 
quantity,  or  if  any  retailer  shall  sell  any  spirituous  liquors  or  wine 
to  be  drank  in  his  store  or  buildings,  he  shall  on  conviction  be 


228 


SUNDAY    AND    RELIGIOUS    MEETINGS.       [XITLE    XIV. 


punished  by  fine  not  exceeding  fifty  dollars  nor  less  than  twenty 
dollars. 

Sec.  7.  The  town  clerk  shall  be  entitled  to  a  fee  of  twenty 
cents  for  recording  each  taverner's  or  retailer's  license. 

Sec.  8.  Every  justice  of  the  peace  upon  complaint  of  any  vio- 
lation of  the  sixth  section  of  this  chapter,  shall  issue  his  warrant 
for  the  arrest  of  the  person  complained  against,  and  if  upon  exam- 
ination he  shall  be  of  opinion  that  he  is  guilty,  he  shall  order  such 
offender  to  recognize  in  a  sum  not  less  than  fifty  dollars  nor  more 
than  a  hundred  dollars,  to  appear  at  the  next  court  of  common  pleas 
for  such  county,  and  abide  the  order  of  said  court  and  stand  com- 
mitted till  such  order  is  complied  with. 


CHAPTER  118, 


OF  SUNDAY  AND  RELIGIOUS  MEETINGS. 


Section 

1 .  Labor  and  recreation  on    Sunday  for- 

bidden. 

2.  Rudeness    in   religious    meetings  for- 

bidden. 

3.  Penalty  for  such  offences. 

4.  Selectmen  and  police  officers,  duty. 

5.  Liability  of  parents,  masters,  guardi- 


Section 

6.  Disturbers  of  meetmgs  removed. 

7.  Such  offenders,  how  punished. 

8.  Offender  required  to  recognize. 

9.  Sale  of  liquors  near  meeting  forbidden. 

10.  Penalty  for  such  offence. 

11.  Shows,  racing,  «fcc.,  forbidden. 

12.  Offender,  how   arrested,  proceedings. 

13.  Limitation  of  prosecutions. 


Section  1.  No  person  shall  do  any  work,  business  or  labor  of 
his  secular  calling  to  the  disturbance  of  others,  works  of  necessity 
and  mercy  excepted,  on  the  first  day  of  the  week  commonly  called 
the  Lord's  day ;  nor  shall  any  person  use  any  play,  game  or  recrea- 
tion on  that  day  or  any  part  thereof. 

Sec.  2.  No  person  shall  on  the  Lord's  day,  Avithin  the  walls  of 
any  house  of  public  worship  or  near  the  same,  behave  rudely  or 
indecently, either  in  the  time  of  public  service  or  between  the  fore- 
noon and  afternoon  services. 

Sec  3.  Any  person  offending  against  any  provision  of  the  fore- 
going sections  of  this  chapter,  shall  forfeit  a  sum  not  exceeding  six 
dollars  nor  less  than  one  dollar,  which  shall  be  recovered  by  any 
selectman  or  police  officer  for  the  use  of  the  town. 

Sec  4.  Any  selectman  or  police  officer  shall  have  power  to 
remove  any  person  behaving  rudely  or  indecently  in  any  meeting 
for  public  worship,  from  the  place  of  such  meeting,  and  him  detain 
until  the  close  of  such  meeting,  and  the  same  right  to  command 
assistance  as  sheriff's  have,  and  may  prosecute  for  all  violations 
of  the  preceding  sections  of  this  chapter. 


CHAP.   118.]       SUxNDAY    AND    RELIGIOUS    MEETINGS.  229 

Sec.  5.  Parents,  guardians  and  masters  shall  be  respectively  lia- 
ble for  all  forfeitm'es  incm-red  by  the  children,  wards  or  servants 
under  their  care. 

Sec.  6.  If  any  person  shall  disturb  any  religious  meeting  by 
speaking  in  the  same,  so  as  to  interrupt  or  prevent  the  stated  and 
orderly  proceedings  and  exercises  of  such  meeting,  or  shall  make 
such  disturbance  while  the  people  are  assembling  at  or  leaving 
their  place  of  worship,  and  shall  not  desist  therefrom  when  request- 
ed, he  may  be  removed  from  such  meeting  or  place  of  worship  by 
any  individual. 

Sec.  7.  Any  person  so  offending  shall  be  fined  not  less  than  one 
dollar  nor  more  than  ten  dollars,  and  may  be  required  to  recognize 
Avith  sureties  in  a  sum  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars,  to  appear  at  the  court  of  common  pleas  next  to  be 
holden  in  said  county,  and  to  abide  the  order  of  said  court,  and  in 
the  mean  time  to  be  of  good  behavior. 

Sec.  8.  If  such  recognizance  is  forfeited,  said  court  may  re- 
quire such  offender  to  recognize  with  sufficient  sureties  in  a  sum 
not  exceeding  two  hundred  dollars,  to  appear  at  the  next  term  of 
said  court  and  to  abide  the  order  thereof,  and  in  the  mean  time  to 
be  of  good  behavior,  and  so  from  term  to  term  as  may  be  ordered 
by  said  court,  so  long  as  such  forfeiture  shall  be  incurred. 

Sec.  9.  No  person  shall  keep  any  shop,  tent,  booth,  wagon  or 
carriage  for  the  sale  of,  or  shall  sell,  give,  or  expose  to  sale,  any 
spirituous  or  intoxicating  liquors,  goods  or  merchandise  of  any  kind 
within  two  miles  of  any  public  assembly  convened  for  the  purpose 
of  religious  worship ;  but  this  shall  not  be  construed  to  prevent 
any  person  from  selling  merchandise  at  the  shop  or  store  where  he 
usually  transacts  business ;  nor  from  selling  any  liquors  in  any 
place  where  he  shall  have  received  a  license  therefor  before  the 
appointment  of  such  religious  meeting  ;  nor  to  prevent  any  pedler 
from  selling  his  goods  to  any  person  at  the  usual  place  of  business 
or  residence  of  such  person. 

Sec.  10.  If  any  person  shall  be  guilty  of  a  breach  of  the  pre- 
ceding section,  upon  conviction  thereof  before  any  justice  of  the 
peace  he  shall  be  fined  not  exceeding  ten  dollars,  or  committed  to 
the  house  of  correction  not  exceeding  thirty  days,  or  may  be  sen- 
tenced to  both  said  punishments. 

Sec.  11.  If  any  person  shall  be  guilty  of  noisy,  rude  or  indecent 
behavior,  of  exhibiting  shows  or  plays,  or  promoting  or  engaging 
in  horse  racing  or  gambling  at  or  near  any  such  religious  meeting, 
so  as  to  interrupt  or  disturb  the  same,  upon  conviction  thereof  be- 
fore any  justice  of  the  peace,  he  shall  be  fined  not  exceeding  ten 
dollars ;  or  if  the  offence  be  of  an  aggravated  nature,  he  may  be 
held  to  recognize  with  sufficient  sureties  to  appear  at  the  court  of 
common  pleas  next  to  be  holden  in  the  same  county  ;  and  upon 
conviction  before  such  court  he  shall  be  fined  not  exceeding  fifty 
dollars,  or  imprisoned  in  the  county  jail  not  exceeding  ninety 
days. 


230 


REMOVAL    OF    NUISANCES. 


[title    XIV. 


Sec.  12.  Any  person  upon  view  of  any  offence  described  in 
this  chapter,  may  apprehend  snch  offender  and  bring  him  before 
some  justice  of  the  peace  who,  upon  complaint  under  oath,  shall 
issue  his  ^''arrant,  cause  such  offender  to  be  arrested  and  proceed 
to  a  hearing  of  such  complaint. 

Sec.  13.  No  prosecution  for  any  violation  of  the  provisions  of 
this  chapter  shall  be  sustained,  unless  commenced  Avithin  thii-ty 
days  after  the  commission  of  such  offence. 


CHAPTER   119. 


OF  THE  REMOVAL  OF  NUISANCES. 


Section 

1.  Health  officers  may  make  regulations. 

2.  "  "        to    complain     of    nui- 

sances. 

3.  "  "        to  remove  nuisances  af- 

ter notice. 

4.  "  "        to  employ  assistants. 

5.  "  "        may  remove  nuisances 
without  notice,  when. 


Section 

6.  Owner  or  occupant  to  pay  expense. 

7.  Penalty  for  leaving  offensive  matters. 

8.  Slaughter  houses,  &c.,  regulated. 

9.  Privies  and  styes  for  swine  regulat- 

ed. 

10.  Nuisances  in  streets  to  be  removed. 

11.  Health  officers'  compensation. 


Section  1.  The  health  officers  may  make  regulations  for  the 
prevention  and  removal  of  nuisances,  and  such  other  regulations 
relating  to  the  public  health,  as  in  their  judgment  the  health  and 
safety  of  the  people  may  require,  which  shall  take  effect  when  they 
shall  be  approved  by  the  selectmen,  recorded  Avith  such  approbation 
by  the  town  clerk,  and  published  in  some  newspaper  printed  in  the 
town,  or  copies  thereof  posted  in  two  or  more  public  places  in  the 
town.  And  any  person  wilfully  violating  such  regulations,  shall 
incur  a  penalty  of  ten  dollars,  to  be  recovered  by  the  health  offi- 
cers in  the  name  of  the  town. 

Sec  2.  Health  officers  and  each  of  them  shall  inquire  into  all 
nuisances  and  other  causes  of  danger  to  the  public  health,  and 
whenever  they  shall  know  or  have  cause  to  suspect  that  any  nui- 
sance or  other  thing  injurious  to  the  public  health,  is  in  any  build- 
ing, vessel  or  enclosure,  they  shall  make  complaint  under  oath  to 
some  justice  of  the  peace,  who  shall  issue  a  warrant  directed  to 
them  to  search  such  building,  vessel  or  enclosure,  and  they  may 
by  virtue  thereof  in  the  day  time  forcibly  enter  therein  and  make 
such  search. 

Sec,  3.  The  health  officers  may  give  written  notice  to  the  owner 
or  occupier  of  any  building,  vessel  or  enclosure,  to  remove  or 
destroy  any  nuisance  or  other  thing  deemed  by  them  on  examina- 


CHAP.    119.]  REMOVAL    OF    NUISANCES.  v  231 

tioii  to  be  injurious  to  the  public  health,  within  a  certain  time  lim- 
ited therein ;  and  in  case  such  owner  or  occupier,  the  said  notice 
having  been  given  to  him  or  left  at  his  usual  place  of  abode,  shall 
neglect  to  comply  therewith,  the  said  health  officers  may  forcibly 
enter  such  building,  vessel  or  enclosure,  and  cause  the  said  nuisance 
or  other  thing  aforesaid  to  be  removed  or  destroyed. 

Sec.  4.  They  may  employ  such  assistants  and  laborers  as  may 
be  necessary,  and  if  resisted,  shall  have  the  same  powers  as  sherifis 
have  by  law  to  command  assistance  ;  and  any  person  wilfully 
resisting  them,  or  their  assistants  or  laborers  in  making  such  search 
or  removing  any  such  nuisance  or  other  thing  aforesaid,  shall  on 
conviction  be  punished  by  imprisonment  not  exceeding  twelve 
months,  or  by  fine  not  exceeding  five  hundred  dollars. 

Sec.  5.  When  the  owner  of  any  building,  vessel  or  enclosure 
shall  be  imknown  to  the  health  officers,  or  shall  not  reside  in  town 
and  the  same  shall  be  unoccupied,  or  the  occupant  is  in  their  opin- 
ion imable  to  remove  the  same,  they  may  without  any  previous 
notice  immediately  cause  any  nuisance  or  other  thing,  by  them 
deemed  injurious  to  the  public  health,  found  therein,  to  be  remov- 
ed or  destroyed. 

Sec.  6.  The  owner  or  occupier  of  any  building,  vessel  or 
enclosure  shall  be  liable  to  pay  the  expense  of  the  removal  or  de- 
struction of  any  such  nuisance  or  other  thing  as  aforesaid,  includ- 
ing the  fees  of  the  health  officers  who  order  or  cause  the  same  to 
be  removed ;  and  the  same  may  be  recovered  by  action,  to  be 
brought  by  the  health  officers  in  the  name  of  the  town. 

Sec  7.  If  any  person  shall  place  or  leave,  or  cause  to  be  placed 
or  left  in  or  near  any  highway,  street,  alley  or  public  place,  or 
wharf,  or  in  any  water  where  the  current  will  not  remove  the  same, 
any  substance  liable  to  become  putrid,  or  offensive  or  injurious  to 
the  public  health,  he  shall  incur  a  penalty  of  not  more  than  ten 
dollars  nor  less  than  one  dollar,  to  be  recovered  by  the  health  offi- 
cers in  the  name  of  the  town. 

Sec.  8.  If  any  person  shall  use  or  occupy  any  building  in  the 
compact  part  of  any  town,  for  a  slaughter  house,  for  trying  tallow 
or  for  currying  leather,  or  for  the  deposit  of  green  pelts  or  skins, 
without  permission  in  writing  of  the  health  officers,  he  shall  incur 
a  penalty  of  ten  dollars  for  each  month  in  which  the  said  building 
shall  be  so  occupied. 

Sec  9.  If  any  person  shall  erect  or  continue  any  house  of  ease- 
ment or  privy  within  forty  feet  of  any  street,  or  of  the  dwelling, 
shop  or  well  of  any  other  person,  unless  the  same  is  vaulted  six 
feet  deep  and  sufliciently  secured  and  enclosed,  or  shall  erect  or 
keep  any  pen  or  stye  for  swine  so  near  the  dwelling  house  of  an- 
other, as  in  the  judgment  of  the  selectmen  shall  be  a  nuisance,  he 
shall  incur  a  penalty  of  ten  dollars,  and  a  like  penalty  for  each 
month  lie  shall  continue  the  same  after  due  notice  of  such  judg- 
ment. 


2^32 


SMALL    POX. 


[title  XIV. 


Sec.  10.  Tlie  health  officers  shall  cause  to  be  removed  all  nui- 
sances or  other  things  deemed  by  them  injurious  to  the  public 
health,  found  in  any  highway,  street,  alley,  public  place  or  wharf, 
or  in  any  water  where  the  current  will  not  remove  the  same. 

Sec.  11.  The  health  officers  shall  be  paid  a  reasonable  compen- 
sation from  the  town,  and  all  expenses  incurred  by  them  in  the 
execution  of  their  duty,  shall  be  paid  by  the  town,  and  the  select- 
men are  required  to  advance  to  them  such  sums  as  may  be  necessa- 
ry, of  which,  and  of  all  their  receipts  and  disbursements  the  health 
officers  shall  annually,  before  the  annual  town  meeting,  render  an 
account  to  the  selectmen,  to  be  laid  before  the  town. 


CHAPTER  190. 


OF  THE  SMALL  POX  AND  PESTILENTIAL  DISEASES. 


Section 

1.  Agent  for  vaccination  appointed. 

2.  Health  officers  may  remove  sick. 

3.  Inoculation  for  small  pox  prohibited. 


Section 

4.  Pest  houses  may  be  licensed,  when. 

5.  Persons  in  pest  houses  not  to  leave. 

6.  Selectmen  may  permit  inoculation. 


Section  1.  Any  town  may  appoint  an  agent  for  vaccination, 
who  shall  at  all  times  be  provided  with  suitable  matter  for  com- 
municating the  kine  pox,  and  may  vaccinate  all  persons  at  the  ex- 
pense of  the  town  who  have  not  had  the  small  pox  or  the  kine 
pox,  and  shall  receive  a  suitable  compensation  therefor,  to  be  paid 
by  the  selectmen.  Such  agent  may  be  appointed  by  the  selectmen 
of  the  town  whenever  in  their  opinion  the  health  of  the  inhabitants 
of  said  town,  by  reason  of  the  spreading  of  the  small  pox,  shall 
require. 

Sec.  2.  The  health  officers  may  remove  any  person  infected 
with  the  small  pox,  the  malignant  cholera  or  other  malignant  pesti- 
lential disease,  to  some  suitable  house,  to  be  by  them  provided  for 
that  purpose,  provided  the  same  can  be  done  without  endangering 
the  life  of  such  person  ;  and  make  such  regulations  respecting  such 
house,  and  for  preventing  unnecessary  communication  with  such 
persons  or  their  attendants,  as  they  may  think  proper  ;  and  if  any 
person  shall  wilfully  violate  the  same,  he  shall  forfeit  the  sum  of 
fifty  dollars,  to  be  recovered  by  such  health  officers  in  the  name 
of  the  town. 

Sec.  3.  If  any  person  shall,  with  intent  to  commimicate  the 
small  pox,  bring  into  this  State  or  use  any  infectious  matter,  or 
shall  inoculate  himself  or  any  other  person  with  the  small  pox,  or 
be  inoculated  therefor,  he  shall  incur  a  penalty  of  one  hundred 
and  fifty  dollars,  to  be  recovered  by  any  person  who  will  sue  for 


CHAP.   121.] 


QUARANTINE. 


233 


the  same,  one  half  to  his  own  use  and  the  other  half  for  the  use 
of  the  town  in  which  the  offence  is  committed. 

Sec.  4.  The  court  of  common  pleas  on  application  may  license 
any  physician  to  establish  a  house  for  inoculating  persons  for  the 
small  pox,  in  any  town  which  shall  consent  thereto,  under  such 
regulations  as  they  may  prescribe,  and  such  physician  shall  give 
bond  to  the  county  treasurer  in  the  sum  of  three  thousand  dollars, 
conditioned  that  he  will  use  every  means  and  precaution  in  his 
power  to  prevent  the  spreading  of  the  disease,  and  that  he  will  not 
inoculate  any  person,  nor  willingly  suffer  any  person  to  be  inocu- 
lated or  to  have  said  disease  in  any  other  place  than  said  house, 
and  will  not  suffer  any  person  to  depart  from  such  house  until  he 
is  effectually  cleansed,  and  will  give  to  such  person  a  certificate 
thereof  under  his  hand. 

Sec.  5.  If  any  person  having  had  the  small  pox  in  any  licensed 
house  or  being  employed  therein,  shall  leave  the  same  without  such 
certificate  or  be  found  without  the  same  within  one  month  after- 
wards, he  shall  incur  a  penalty  of  fifty  dollars,  to  be  recovered  by 
the  health  officers  in  the  name  of  the  town. 

Sec  6.  If  any  person  shall  break  out  with  small  jjox  in  the  natu- 
ral way,  and  the  health  officers  shall  judge  that  he  may  remain 
without  endangering  others  than  his  own  family,  they  may  give 
license  to  any  persons  who  have  been  exposed  to  the  danger  of 
taking  the  disease,  to  be  inoculated  and  to  remain  in  the  same 
house ;  and  the  provisions  of  this  chapter  and  all  regulations  of 
the  health  officers  in  relation  to  other  licensed  pest  houses  shall 
apply  to  such  house  and  its  inmates. 


CHAPTER   121. 


OF  QUARANTINE. 


Section 

1.  Quarantine  regulations,  liow  made. 

2.  Vessels  to  perform  quarantine. 

3.  Goods  landed  illegally  may  be  seized. 

4.  Penalty  for  refusing  to  obey  regula- 

tions. 

5.  Sick  may  be  landed,  when  and  how. 

6.  Penalty  for  landing  without  permission. 

7.  Persons  going  on  board  detained. 


Section 

8.  Signal  of  quarantine. 

9.  Penalty  for  bringing  vessel  to  wharf. 

10.  Health  officers  may  remove  vessel. 

11.  Persons  on  board  to  give  notice. 

12.  Pilots  to  give  notice  of  regulations. 

13.  Vessels  may  be  brought  to  at  fort. 

14.  Penalties,  how  recovered. 


Section  1.  The  health   officers  may  from  time   to   time  make 

regulations  respecting  quarantine,  prescribing  in  what  cases  it  shall 

be  performed  by  vessels  arriving  from  any  ports  or  places  therein 

named,  and  the  same   modify  or  change  as,  in  their  opinion,   the 

30 


234  QUARANTINE.  [tITLE  XIV. 

safety  of  the  people  may  require  or  admit,  which  shall  be  approved, 
recorded  and  published  as  other  regulations  made  by  them. 

Sec.  2.  The  health  othcers  shall  require  all  such  vessels  having 
on  board  any  person  infected  with  small  pox,  plague,  pestilential 
or  malignant  fever,  or  other  malignant  infectious  or  contagious  dis- 
ease, or  who  shall  have  been  so  infected  during  the  voyage,  or 
having  on  board  any  goods  reasonably  supposed  to  have  any  infec- 
tion of  such  disease,  to  perform  quarantine  at  such  place  as  they 
shall  appoint ;  and  shall  order  the  master  of  such  vessel  to  proceed 
with  and  anchor  her  at  such  place,  there  to  be  purified  and  cleansed 
as  they  may  direct.  A  suitable  place  on  shore  may  be  prescribed 
and  properly  limited  for  the  pm'ification  of  the  cargo  of  such 
vessel. 

Sec.  3.  The  health  officers  may  seize  any  goods  landed  from 
such  vessel  without  their  permission,  and  remove  and  keep  the 
same  until  they  shall  have  caused  the  same  to  be  thoroughly 
cleansed.  The  expenses  of  such  purification  of  the  vessel  and 
her  cargo  shall  be  paid  by  the  master,  oAvner  or  consignee  of  the 
vessel,  and  they  shall  be  severally  answerable  therefor. 

Sec.  4.  Any  owner,  master,  supercargo,  officer,  seaman,  con- 
signee or  other  person  who  shall  refuse  to  obey  the  orders  and 
regulations  of  the  health  officers  in  regard  to  such  quarantine,  or 
the  purification  and  cleansing  of  such  vessel  and  cargo,  shall  be 
punished  by  fine  not  exceeding  five  hundred  dollars,  or  by  im- 
prisonment not  exceeding  three  months,  or  both. 

Sec  5.  Any  person  sick  on  board  such  vessel,  may  be  sent  on 
shore  by  said  health  officers  at  some  place  by  them  appointed  and 
limited  for  that  purpose,  and  shall  be  there  maintained,  provided 
for  and  cleansed  at  his  own  expense,  or  that  of  his  parents  or  mas- 
ter, if  able,  otherwise  at  the  expense  of  the  town ;  and  such  town 
may  recover  the  same  against  the  town  or  county  by  law  charge- 
able with  their  support,  as  in  cases  of  relief  afforded  by  overseers 
of  the  poor. 

Sec.  6.  If  any  person  shall  come  on  shore  from  any  vessel  in- 
fected or  justly  suspected  to  be  so,  or  subject  to  or  ordered  for  quar- 
antine, or  performing  it,  or  shall  leave  the  place  appointed  for  the 
sick  or  for  purification,  being  employed  or  placed  there  by  the 
health  officers,  without  their  permission,  he  shall  be  punished  by  a 
fine  of  one  hundred  dollars,  or  by  imprisonment  for  three  months. 

Sec.  7.  If  any  person  shall,  without  permission  of  the  health  of- 
ficers, go  on  board  any  vessel  ordered  for  or  performing  quarantine, 
or  go  within  the  limits  appointed  by  them  for  the  reception  of 
infected  persons  and  property  on  shore,  he  shall  be  considered  as 
infected,  and  held  to  undergo  purification  in  the  same  manner,  and 
under  the  same  regulations  and  penalties  as  those  Avho  are  perform- 
ing quarantine  ;  and  shall  there  remain  at  his  own  expense  vmtil 
discharged  by  the  health  officers,  and  may  be  forcibly  detained  by 
the  persons  there  employed  by  the  health  officers,  until  so  dis- 
charged. 


CHAP.    121.]  QUARANTINE.  235 

Sec.  8.  A  red  flag  at  least  six  feet  iii  length  shall  be  hoisted 
from  sunrise  to  sunset,  at  the  head  of  the  mainmast  of  any  vessel 
ordered  for  quarantine,  until  such  vessel  shall  be  entirely  cleansed, 
and  on  a  flag  staft'  at  the  place  appointed  for  the  reception  of  the 
sick  and  for  the  purification  of  infected  goods,  so  long  as  they 
shall  remain  there. 

Sec.  9.  If  any  owner,  master,  supercargo,  officer,  seaman  or 
consignee  of  any  vessel,  or  any  other  person  knowing  such  vessel 
to  be  subject  to  quarantine,  shall  bring  the  same  or  suffer  the  same 
to  be  brought  to  or  near  any  wharf,  or  near  any  dwelling  house  or 
store,  or  shall  make  any  false  declaration  as  to  the  port  or  place 
from  which  he  came,  or  shall  cause,  or  aid  or  permit  the  landing 
of  any  person  or  property  of  any  kind  from  such  vessel  without 
permission  of  the  health  officers,  he  shall  be  punished  by  fine  not 
exceeding  five  hundred  dollars,  or  by  imprisoimient  not  exceeding 
three  months,  or  both. 

Sec.  10.  If  any  such  vessel  shall  not  be  removed  to  the  place  of 
quarantine  agreeably  to  the  directions  of  the  health  officers,  or  shall 
be  brought  near  to  any  wharf,  dwelling  house  or  store  without 
their  permission,  the  health  officers  shall  cause  such  vessel  to  be 
forthwith  removed  to  such  place,  there  to  remain  at  the  risk  of  the 
owners  till  the  expiration  of  the  time  limited  by  the  health  officers, 
and  the  expense  of  such  removal  shall  be  paid  by  the  master,  own- 
er or  consignee  who  shall  be  severally  liable  therefor,  to  be  recov- 
ered by  the  health  officers  in  the  name  of  the  town,  with  double 
costs. 

Sec.  11,  The  master  and  officers  of  every  vessel  arriving  at  any 
port  in  this  State,  having  on  board  any  person  infected  with  the 
plague,  small  pox,  or  any  malignant  infectious  or  pestilential  dis- 
ease, or  who  has  been  so  infected  during  the  voyage,  or  having  on 
■  board  any  goods  which  may  be  reasonably  supposed  to  have  any 
infection  of  such  disease,  shall  forthwith  give  notice  thereof  to  the 
health  officers  or  selectmen  ;  and  if  any  such  master  or  officer  shall 
neglect  to  give  such  information,  he  shall  be  punished  by  fine  not 
exceeding  five  hundred  dollars,  or  by  imprisonment  not  exceeding 
three  months,  or  both. 

Sec.  12.  The  health  officers  shall  give  notice  to  the  pilots  of  the 
port  of  all  regulations  by  them  made  respecting  quarantine,  and 
such  pilots  shall  make  known  such  regulations  to  the  masters  of 
all  vessels  they  shall  board,  or  to  whom  they  shall  have  opportuni- 
ty to  communicate  the  same.  If  any  pilot  shall  pilot  any  vessel 
subject  to  quarantine  to  or  near  any  wharf,  he  shall  forfeit  his 
branch,  and  may  be  fined  not  exceeding  one  hundred  dollars. 

Sec.  13.  The  health  officers  shall  communicate  any  regulations 
or  orders  by  them  made  respecting  quarantine,  to  the  commander 
of  any  fort  near  such  port,  and  desire  his  co-operation  in  stopping 
all  vessels  subject  to  quarantine  attempting  to  pass  into  the  harbor. 
If  any  such  vessel  shall  attempt  to  pass  after  being  hailed  tmd  for- 


236 


PILOTS. 


[title  XIV. 


bidden,  a  shot  may  be  fired  ahead  of  such  vessel,  and  if  she  shall 
persist,  then  a  shot  astern  thereof,  and  if  she  shall  still  persist,  then 
such  vessel  shall  be  fired  upon  and  into  until  she  shall  bring  to 
and  submit  to  such  regulations  and  orders ;  and  such  commander 
shall  receive  five  dollars  for  each  shot  so  made,  to  be  paid  by  the 
master  before  he  shall  leave  the  quarantine  ground. 

Sec.  14.  All  forfeitures  for  the  violation  of  any  regulation  pre- 
scribed by  the  health  officers,  and  all  expenses  incurred  by  them 
in  pursuance  of  this  chapter,  may  be  recovered  of  the  several  per- 
sons liable  thereto  by  action  of  debt,  to  be  brought  by  such  health 
officers  in  the  name  of  the  town,  with  costs. 


CHAPTER  323. 


OF  PILOTS  AND  PILOTAGE,  AND  THE  HARBOR  OF  PISCATAQUA. 


Section 

1 .  Pilots,  how  appointed. 

2.  Governor  and  council  may  remove. 

3.  Pilots  to  be    sworn,    give  bonds  and 

keep  boats. 

4.  Pilots  to  take  charge  of  what  vessels. 

5.  "      their  cruising  ground  limited. 

6.  Pilots'  fees,  how  established. 


Section 

7.  Masters  may  pilot  their  own  vessels. 

8.  Vessels  lost,  pilots  liable  for. 

9.  Rubbish  not  to  be  thrown  into  the 

harbor. 
10.  Harbor  master,  appointment  and  du- 
ties. 


Section  1.  One  or  more  pilots  shall  be  appointed  by  the  gov- 
ernor and  council  for  the  harbor  of  Piscataqua,  who  shall  receive  a 
branch  or  warrant  with  power  to  appoint  deputies  in  certain  cases, 
to  be  therein  prescribed,  and  the  deputies  appointed  by  any  pilot 
shall  be  reported  to  the  governor  for  his  approbation. 

Sec.  2.  The  governor  and  council  shall  hear  and  determine  all 
complaints  against  any  pilot  or  his  deputies  for  malconduct,  and 
may  remove  or  suspend  them,  and  appoint  others  in  their  stead. 

Sec.  3.  Every  pilot  and  deputy  shall  take  the  oath  of  office  pre- 
scribed by  law,  and  shall  give  bond  with  sufficient  sureties  to  the 
treasurer  of  the  State  for  the  faithful  discharge  of  the  duties  of  his 
office,  in  the  sum  of  four  thousand  dollars,  and  shall  always  keep 
a  suitable  boat  in  good  repair. 

Sec  4.  Any  pilot  may  take  charge  of  any  vessel  drawing  nine 
feet  of  water  or  upwards,  (except  coasting  and  fishing  vessels,  of 
the  United  States  of  one  hundred  and  twenty  tons,)  bound  into  or 
out  of  the  port  aforesaid,  and  shall  pilot  such  vessels  into  or  out  of 
said  port,  first  showing  to  the  master  thereof  his  branch  or  warrant, 
if  requested. 

Sec.  5.  The  cruising  ground  of  said  pilots  and  their  deputies  is 


CHAP.    123.1  SEA  WEED.  237 

limited,  as  follows :  beginning  at  the  Ragged  Neck  in  Rye,  to  the 
southwest  of  the  harbor  aforesaid ;  thence  easterly  to  the  middle 
ground  between  the  Isles  of  Shoals  and  the  harbor's  mouth,  and  as 
far  as  the  most  eastern  of  the  Sisters  so  called. 

Sec.  C.  The  governor  and  council  shall  determine  and  fix  the 
fees  of  pilotage,  as  the  circumstances  of  peace  or  war  may  require, 
and  specify  the  same  in  the  branch  or  warrant  of  each  pilot  or  de- 
puty, and  also  transmit  the  same  to  the  naval  officer  of  the  port,  to 
be  posted  in  his  office  for  public  inspection. 

Sec.  7.  Any  master  or  owner  may  pilot  his  own  vessel ;  but  if 
any  pilot  or  his  deputy  shall  go  on  board  any  vessel  bound  into 
said  harbor,  at  sea  beyond  the  light  house,  he  shall  be  entitled  to 
one  half  the  fees  specified  in  his  warrant,  in  case  the  master  or 
owner  declines  to  employ  him,  and  on  refusal  of  payment  may  sue 
for  and  recover  the  same. 

Sec.  8.  If  any  vessel  while  under  the  charge  and  direction  of 
any  pilot  or  deputy,  shall  be  lost,  cast  away  or  run  aground  through 
his  unskilfulness  or  neglect,  he  shall  be  liable  to  pay  the  value  of 
such  vessel  and  her  cargo,  or  the  damage  sustained  by  them,  to  be 
sued  for  and  recovered  by  the  owner  or  insurer. 

Sec  9.  If  any  person  shall  unlade,  cast  or  throw  out  of  any 
ship,  vessel  or  boat,  or  from  the  shore  or  any  wharf  any  ballast, 
rubbish,  gravel,  earth,  stones,  dirt,  ashes  or  filth  into  the  harbor  or 
river  of  Piscataqua,  between  the  light  house  at  the  entrance  of  said 
harbor  and  the  Boiling  Rock  so  called,  up  said  river,  or  aid  or  assist 
therein,  he  shall  forfeit  a  sum  not  less  than  five  dollars  nor  more 
than  ten  dollars,  for  the  use  of  any  person  who  will  sue  for  the 
same. 

Sec.  10.  The  town  of  Portsmouth  shall  annually  choose  a  harbor 
master,  whose  duty  shall  be  to  oversee  said  harbor  and  river,  and 
see  that  this  chapter  is  enforced,  and  to  prosecute  any  breaches 
thereof. 


CHAPTER  133. 


SEA  WEED. 


Section 

1.  Sea  weed  not  to  be  carried  from  salt- 

marshes. 

2.  Sea  weed  not  to  be  collected  by  night. 


Section 

3.  Sea  weed  not  to  be  piled  below  high- 
water  mark. 


Section  1.  If  any  person  shall  collect  or  carry  away  from  any 
saltmarsh  or  flats,  in  any  town  in  this  State,  any  flats  weed  or  any 
sea  weed  thrown  thereon  by  the  sea  or  tide,  without  leave  of  the 
owner  of  such  marsh  or  flat,  he  shall  on  conviction  thereof  before 


238 


HAWKERS    AND    PEDLERS. 


[title  XIV. 


any  justice,  on  complaint,  be  punished  by  fine  not  exceeding  ten 
dollars  for  each  offence. 

Sec.  2.  If  any  person  shall  collect  and  carry  away  or  pile  up  for 
the  purpose  of  carrying  away,  any  sea  weed  or  rock  weed  from  the 
sea  shore  below  highwater  mark,  in  any  town  in  this  State,  or 
shall  assist  therein  between  daylight  in  the  evening  and  daylight 
in  the  morning,  he  shall  be  punished  by  fine  not  less  than  twenty- 
five  dollars  nor  more  than  fifty  dollars,  one  half  for  the  use  of  the 
town  in  which  the  offence  is  committed,  the  other  half  for  the  use 
of  the  prosecutor. 

Sec.  3.  If  any  person  shall  pile  up  for  the  purpose  of  hauling 
away  any  sea  weed  or  rock  weed  below  highwater  mark,  in  any 
town  in  this  State,  he  shall  be  punished  by  fine  not  less  than  six 
dollars  nor  more  than  thirteen  dollars,  for  the  uses  aforesaid. 


CHAPTER  1S4. 


OF  HAWKERS  AND  PEDLERS. 


Section 

1.  No  person  to  peddle  without  license. 

2.  Produce  of  United  States  excepted. 

3.  Court  of  common  pleas  may  license. 


Section 

4.  Amount  to  be  paid  for  license. 

5.  Refusal  to  show  license,  penalty. 

6.  Justice  may  bind  over,  when. 


Section  1.  Every  hawker,  pedler,  or  other  person  going  from 
place  to  place,  either  on  foot,  or  with  a  horse  or  otherwise,  carrying 
to  sell  or  exposing  for  sale  any  goods,  wares  or  merchandise  with- 
out license,  shall  be  punished  by  fine  not  less  than  ten  dollars  nor 
more  than  fifty  dollars. 

Sec  2.  The  preceding  provision  shall  not  apply  to  any  person 
going  about  selling  or  exposing  to  sale  any  articles,  the  growth, 
produce  or  manufacture  of  the  United  States,  except  feathers,  dis- 
tilled spirits,  playing  cards,  lottery  tickets  and  jewelry. 

Sec.  3.  The  court  of  common  pleas  may  grant  such  license  for 
one  year  only,  upon  application  and  satisfactory  evidence  in  writing 
and  on  oath  that  the  petitioner  sustains  a  good  moral  character. 
Such  license  shall  be  recorded  and  a  copy  of  the  record  delivered 
to  the  person  applying. 

Sec  4.  Such  license  shall  be  of  no  avail  until  the  person  apply- 
ing shall  pay  to  the  county  treasurer  twelve  dollars,  and  the  said 
treasurer  shall  sign  a  receipt  for  the  same  on  tlie  back  of  said 
license. 

Sec  5.  If  any  such  hawker,  pedler  or  other  person  as  aforesaid, 
shall  refuse  to  show  his  license  when  requested  by  any  person  to 
whom  he  shall  offer  to  sell  any  of  his  goods,  wares  or  merchandise, 


CHAP.   12G.]  SH0AV3 BIRTHS    AND    DEATHS. 


239 


lie  shall  be  punished  in  the  same  manner  as  for  exposing  the  same 
to  sale  without  license. 

Sec.  6.  Every  justice  on  complaint  of  any  violation  of  this 
chapter,  may  by  warrant  cause  the  offender  to  be  arrested,  and 
order  him  to  recognize  with  sufficient  sureties  for  his  appearance 
at  the  next  court  of  common  pleas  to  answer  for  said  offence. 


CHAPTER  fi»35. 


OF  SHOWS  AND  EXHIBITIONS. 


Section 

1.  No  shows  exhibited  without  license. 

2.  Form  of  license  and  tax. 


Section 

3.  Penalty  for  offences. 

4.  Justices  may  bind  over. 


Section  1.  No  showman,  tumbler,  rope  dancer,  ventriloquist  or 
other  person  shall  for  pay  exhibit  any  feats  of  agility,  or  of  horse- 
manship, or  slight  of  hand,  rope  dancing,  or  feats  with  cards,  or 
any  animals,  wax  figures,  puppets  or  other  show  without  a  license 
from  the  selectmen  of  the  town. 

Sec.  2.  Every  such  license  shall  be  in  writing  and  shall  specify 
the  days  such  person  is  allowed  to  perform  or  exhibit,  and  every 
such  person  shall  pay  for  such  license,  for  the  use  of  the  town,  a 
sum  not  less  than  thirty  dollars  nor  more  than  fifty  dollars,  for  each 
day  such  person  shall  perform  or  exhibit. 

Sec  3.  If  any  person  shall  violate  the  provisions  of  this  chap- 
ter, he  shall  for  every  such  offence  be  punished  by  a  fine  of  one 
hundred  dollars,  one  half  for  the  use  of  the  town,  the  other  half 
for  the  use  of  the  complainant. 

Sec  4.  Any  justice  on  complaint  of  any  violation  of  said  pro- 
visions, may  by  warrant  cause  the  offender  to  be  arrested,  and  order 
him  to  recognize  with  sufficient  sureties  for  his  appearance  at  the 
next  court  of  common  pleas  to  answer  for  said  offence. 


CHAPTER  126. 

OF  RECORDING  BIRTHS  AND  DEATHS. 


Section 

1.  Births  and  deaths  to  be  recorded. 

2.  Notice,  by  whom  given. 


Section 
3.  Penalty  for  neglect. 


Section  1.   The  clerk  of  every  town  shall  record  every  birth  and 
death  in  such  town  which  shall  come  to  his  knowledge,  stating  the 


240 


NOXIOUS    ANIMALS    AND    GAME.  [tITLE  XIV. 


time  when  such  event  took  place,  and  the  names  of  the  parents,  if 
known,  and  shall  receive  therefor  three  cents,  to  be  paid  by  such 
town. 

Sec.  2.  Every  parent,  person  next  of  kin,  householder  and  keep- 
er of  any  almshouse,  poor  farm  or  prison,  shall  give  notice  to  such 
clerk  of  every  birth  or  death  which  shall  take  place  in  their  re- 
spective families  or  houses  in  such  town. 

Sec.  3.  If  any  such  person  whose  duty  it  is  to  make  such  re- 
turn, shall  neglect  so  to  do  for  the  space  of  one  year,  he  shall  for- 
feit one  dollar  for  each  offence,  to  be  recovered  by  action  of  debt 
in  the  name  and  to  the  use  of  such  town,  and  the  selectmen  shall 
prosecute  the  same. 


CHAPTER  137. 

OF  THE  DESTRUCTION    OF   NOXIOUS   ANIMALS  AND  THE  PRESER- 
VATION   OF  GAME. 


Section 

1.  Bounty  for  destruction  of  wolves. 

2.  "         for  destruction  of  bears. 

3.  "         for  destruction  of  wildcats. 

4.  Bounties  refunded  from  state  treasury 

5.  Dogs  without  collars  may  be  killed. 


Section 

6.  Towns  may  make  by-laws  respecting 

dogs. 

7.  Fur-bearing  animals,  penalty  for  de- 

stroying. 


Section  1.  If  any  person  shall  kill  any  wolf  or  wolfs  whelp 
within  this  State,  and  shall  produce  the  head  thereof  to  the  select- 
men of  the  town  within  which  it  was  killed  ;  or  if  there  be  no  se- 
lectmen in  such  town,  then  to  the  selectmen  of  the  nearest  town 
having  such  officers ;  and  shall  prove  to  the  satisfaction  of  such 
selectmen  that  such  wolf  or  wolf's  whelp  was  killed  by  himself 
or  by  some  person  whose  agent  he  is  ;  the  selectmen  shall  cut  oiT 
the  ears  from  the  head  so  produced,  and  shall  otherwise  so  disfi- 
gure the  same  that  it  shall  never  again  be  offered  for  a  bounty,  and 
shall  pay  to  such  person  or  his  order  twenty  dollars  for  every  wolf 
and  ten  dollars  for  every  wolfs  whelp  killed  as  aforesaid. 

Sec  2.  If  any  person  shall  kill  any  bear  within  this  State  and 
shall  proceed  with  the  same  as  is  directed  in  the  first  section  of 
this  ch&.pter,  he  shall  receive  therefor  the  sum  of  two  dollars. 

Sec  3.  If  any  person  shall  kill  any  wildcat  known  by  the  name 
of  Siberian  lynx,  within  this  State,  and  shall  proceed  with  the 
same  in  the  manner  directed  in  the  first  section  of  this  chapter,  he 
shall  receive  therefor  the  sum  of  one  dollar. 

Sec  4.  The  selectmen  of  every  such  town  shall  keep  a  true  ac- 
count of  the  moneys  so  paid,  and  the  number  of  each  species  of 
animal  for  which  bounties  have  been  paid,  and  upon  the  presenta- 


CHAP.    128.] 


SHEEP. 


241 


tjon  of  such  account  certified  by  a  majority  of  such  selectmen  to 
be  just  and  true,  to  the  treasurer  of  the  State  in  the  month  of 
June,  the  same  shall  be  paid  from  the  state  treasury,  either  to  the 
representative  of  such  town,  or  to  the  selectmen  thereof  or  their 
written  order. 

Sec.  5.  No  person  sliall  be  liable  by  law  for  killing  any  dog 
which  shall  be  found  not  having  around  his  neck  a  collar  of  brass, 
tin  or  leather,  with  the  name  of  the  owner  or  owners  carved  or 
engraved  thereon. 

Sec.  6.  Any  town  may  make  by-laws  for  licensing,  regulating 
or  restraining  dogs  as  they  shall  deem  expedient,  and  may  affix 
penalties  for  the  violation  thereof  not  exceeding  five  dollars,  and 
the  sum  to  be  paid  for  any  license  not  exceeding  two  dollars. 

Sec  7.  If  any  person  shall,  at  any  time  between  the  thirtieth 
day  of  May  and  the  first  day  of  November,  in  any  year,  by  shoot- 
ing, trapping  or  otherwise,  kill  or  destroy  any  beaver,  mink,  otter 
or  muskrat,  he  shall  forfeit  for  every  mink  or  muskrat  so  killed  one 
dollar,  and  for  every  beaver  or  otter  so  killed  five  dollars,  to  be 
recovered  by  action  of  debt  in  the  name  and  to  the  use  of  any 
person  who  will  sue  therefor. 


CHAPTER    198. 


RELATING  TO  SHEEP. 


Section  Section 

1.  Marks  of  sheep  to  be  recorded.  3.  Penalty  for  rams  going  at  large. 

2.  Penalty  for  altering  or  defacing  marks. 

Section  1.  Any  person  may  mark  in  the  ear  or  brand  his  sheep 
as  he  may  think  proper,  and  cause  a  description  of  such  mark  or 
brand  to  be  recorded  by  the  town  clerk  of  the  town  in  which  he 
resides,  or  in  which  his  sheep  may  be  kept,  and  the  town  clerk 
shall  be  entitled  to  receive  six  cents  for  recording  the  same. 

Sec,  2.  If  any  other  person  shall  wilfully  alter,  cut  out  or  deface 
the  mark  or  brand  of  any  such  sheep,  or  if  any  person  under  pre- 
tence of  marking  the  same  shall  cut  off  the  ear  or  ears  of  any 
sheep,  he  shall  forfeit  five  dollars  for  every  such  offence,  to  the  use 
of  any  person  who  will  sue  for  the  same. 

Sec  3.  If  any  person  shall  wilfully  or  negligently  suffer  any 
ram  belonging  to  him  or  in  his  care,  to  go  at  large  out  of  his  en- 
closure between  the  first  day  of  August  and  the  first  day  of  Decem- 
ber, in  any  year,  he  shall  forfeit  for  every  such  offence  the  sum  of 
five  dollars,  for  the  use  of  any  person  who  will  sue  for  the  same  or 
who  shall  impound  such  animal. 
31 


242 


ESTATES    IN    REAL    PROPERTY.  [tITLE    XV. 


TITL.E  XT. 

OF  THE  TITLE  TO,  ALIENATION  OF  AND  LIENS  UPON 
REAL  AND  PERSONAL  ESTATE. 


Chapter  129.  Of  estates  in  real  property. 
Chapter  130.  Of  the  conveyance  of  real  estate. 
Chapter  131.   Of  mortgages  of  real  estate. 
Chapter  132.   Of  mortgages  of  personal  property. 
Chapter  133.  Of  the  liens  of  mechanics  and  others. 
Chapter  134.  Of  assignments  for  the  benefit  of  creditors. 


CHAPTER  129. 

OF  ESTATES  IN  REAL  PROPERTY. 


Section 

1.  Estate  in  tail,  how  conveyed  in  fee. 

2.  "      in  joint  tenancy,  not  created 
unless  expressly. 

3.  Joint  heirs  to  be  tenants  in  common. 


Section 

4.  Aliens  resident  may  hold  real  estate. 

5.  Escheats  to  state  discharged. 

6.  Conveyance  of  a  greater  estate  than 

grantor   possesses,  conveys  all  his 
interest. 


Section  1.  Any  person  seized  of  any  lands  in  fee  tail  may  con- 
vey the  same  by  deed  in  common  form,  in  the  same  manner  as 
estates  in  fee  simple,  and  such  conveyance  shall  bar  the  estate  tail, 
and  all  remainders  and  reversions  expectant  thereon. 

Sec  2.  Every  conveyance  or  devise  of  real  estate  made  to  two 
or  more  persons,  shall  be  construed  to  create  an  estate  in  common, 
and  not  in  joint  tenancy,  unless  it  shall  be  expressed  therein  that 
such  estate  is  to  be  holdcn  by  the  grantees  or  devisees  as  joint  ten- 
ants, or  to  them  and  the  survivor  of  them,  or  other  words  are 
used  clearly  expressing  intention  to  create  a  joint  tenancy. 

Sec.  3.  Joint  heirs  shall  be  deemed  tenants  in  common. 

Sec.  4.  Any  alien  resident  in  this  State  may  take,  jourchase, 
hold,  convey  or  devise  any  real  estate,  and  the  same  may  descend, 
in  the  same  manner  as  if  he  was  a  native  citizen. 

Sec.  5.  Any  right  or  claim  of  the  State  to  the  estate  of  any 
such  alien,  by  escheat  or  otherwise,  is  hereby  discharged. 

Sec.  6.  A  conveyance  made  by  any  person  having  a  limited  in- 
terest in  any  estate,  purporting  to  convey  a  greater  interest  than  he 


CHAP.   130.]  CONVEYANCE    OF    REAL    ESTATE. 


243 


possessed  or  could  lawfully  convey,  shall  not  work  a  forfeiture 
thereof,  but  shall  pass  to  the  grantee  all  the  estate  which  he  could 
laAvfully  convey. 


CHAPTER  130. 


OF  THE  CONVEYANCE  OF  REAL  ESTATE. 


Section 

1.  Conveyances  of  land,  how  made. 

2.  Corporations  may  convey  by  agent. 

3.  Deed  must  be  signed,  sealed,  witness- 

ed, acknowledged  and  recorded. 

4.  Deed  not  valid,  except  against  grant- 

or, unless   acknowledged  and   re- 
corded. 

5.  Deed    may    be     recorded  in  an  other 

county. 

6.  Powers  of  attorney,  how  executed. 

7.  Deed  not  acknowledged  valid  for  60 

days. 


Section 

8.  Deed  not  acknowledged,  how  proved 

if  grantor  insane,  dead  or  absent. 

9.  Deed  not  acknowledged,  how  proved 

if  witnesses  dead,  insane  or  absent. 

10.  Deed  not  acknowledged,  how  proved 

if  grantor  refuses  to  acknowledge. 

11.  If  holder  of  a  deed  refuses  to  record 

it,  proceedings. 

12.  Estates  not  to  be  created,  or  conveyed 

except  by  writing,  or  by  force  of  law. 

13.  Trusts  not  to  be  created  except  by 

writing. 


Section  1.  Conveyances  of  lands  may  be  made  by  deed  execu- 
ted by  any  person  or  by  his  attorney,  acknowledged  and  recorded 
as  directed  in  this  chapter,  without  any  other  act  or  ceremony 
whatever. 

Sec.  2.  Any  public  or  private  corporation  authorized  to  hold 
real  estate,  may  convey  the  same  by  an  agent  appointed  by  vote 
for  that  purpose. 

Sec,  3.  Every  deed  or  other  conveyance  of  real  estate  shall  be 
signed  and  sealed  by  the  party  granting  the  same,  attested  by  two 
or  more  witnesses,  acknowledged  by  such  grantor  before  a  justice 
of  the  peace,  notary  public  or  commissioner,  or  before  a  minister 
or  consul  of  the  United  States  in  a  foreign  country,  and  recorded 
at  length  in  the  registry  of  deeds  in  the  county  in  which  such 
lands  lie. 

Sec.  4.  No  deed  of  bargain  and  sale,  mortgage  or  other  convey- 
ance of  any  real  estate,  or  any  lease  for  more  than  seven  years  from 
the  making  thereof,  shall  be  valid  to  hold  the  same  against  any 
person  but  the  grantor  and  his  heirs  only,  unless  such  deed  or  lease 
be  attested,  acknowledged  and  recorded  according  to  the  provisions 
of  this  chapter. 

Sec  5.  Any  person,  interested  in  any  such  deed  or  lease,  may  cause 
the  same  to  be  recorded  in  the  registry  of  any  other  county,  and  in 
case  of  the  destruction  of  the  records  of  the  county  where  such 


244  CONVEYANCE    OF    REAL    ESTATE.  [tITLE  XV. 

estate  lies,  an  attested  copy  of  such  deed  from  the  registry  of  such 
other  county,  shall  be  of  the  same  validity  as  a  copy  from  the 
original  registry. 

Sec.  6.  Every  power  of  attorney  to  convey  real  estate  must  be 
signed,  sealed,  attested  and  acknowledged,  and  may  be  recorded  in 
the  same  manner  as  is  required  for  a  deed,  and  a  copy  of  the  record 
may  be  used  in  evidence,  whenever  a  copy  of  the  deed  so  made  is 
admissible. 

.  Sec  7.  Any  deed,  not  acknowledged  by  the  grantor,  but  in 
other  respects  duly  executed,  may  be  recorded,  and  for  sixty  days 
after  such  recording  shall  be  as  good  and  effectual  in  law  as  if  duly 
acknowledged. 

Sec.  8.  If  any  grantor  or  lessor  shall  die,  become  insane  or  go 
out  of  the  State  before  the  acknowledgment  of  any  deed  or  lease 
by  him  made,  the  due  execution  thereof  may  be  proved  by  one  or 
more  of  the  subscribing  witnesses,  before  any  court  of  record  in 
this  State. 

Sec  9.  If  such  subscribing  witnesses  are  dead,  insane,  out  of 
the  State  or  so  situated  that  their  testimony  cannot  be  had,  proof 
of  such  due  execution  may  be  made,  by  the  oath  of  two  witnesses 
acquainted  with  the  hand  writing  of  such  grantor  or  lessor  and  of 
the  subscribing  witnesses,  that  such  deed  or  lease  was  signed  by 
them. 

Sec  10.  If  the  grantor  or  lessor  shall  refuse  to  acknowledge  any 
deed  or  lease,  proof  of  its  due  execution  may  be  made  in  the  man- 
ner provided  in  the  two  sections  preceding  ;  but  if  such  grantor  or 
lessor  is  a  resident  of  this  State,  notice  of  the  time  and  place  of 
proving  the  same,  signed  by  some  justice  of  the  peace,  shall  be 
delivered  to  him  or  left  at  his  usual  place  of  abode  fifteen  days  prior 
to  such  time.  Ev^ery  unacknowledged  deed  proved  agreeably  to 
this  or  either  of  the  two  preceding  sections,  shall  be  good  and 
effectual  as  if  duly  acknowledged. 

Sec  11.  If  any  person  having  any  deed  or  other  evidence  of 
title  of  any  real  estate  not  recorded,  shall  neglect  to  record  the  same, 
or  refuse  to  alloAv  the  same  to  be  recorded  for  the  space  of  thirty  days 
after  being  thereto  requested  in  writing,  by  any  person  having  an 
interest  in  such  estate,  any  justice  of  the  peace  upon  complaint 
thereof,  may  issue  his  warrant  and  cause  such  person  to  be  brought 
before  him  for  examination,  and  if  sufficient  cause  for  such  neglect 
or  refusal  is  not  shown,  may  order  such  deed  or  evidence  of  title  to 
be  recorded,  and  commit  him  to  jail  until  such  order  is  performed, 
and  payment  of  costs  is  made.  ; 

Sec  12.  Every  estate  or  interest  in  lands,  created  or  conveyed 
without  an  instrument  in  writing  signed  by  the  grantor  or  his 
attorney,  shall  be  deemed  an  estate  at  will  only,  and  no  estate  or 
interest  in  lands  shall  be  assigned,  granted  or  surrendered  except  by 
writing  signed  as  aforesaid,  or  by  operation  of  law. 

Sec.  13.  No  trust  concerning  lands,  excepting  such  as  may  arise 


CHAP.  131] 


MORTGAGES    OF    REAL    ESTATE. 


245 


or  result  by  implication  of  law,  shall  be  created  or  declared  unless 
by  an  instrument  signed  by  the  party  creating  the  same,  or  by  his 
attorney. 


CHAPTER   131. 


OF  MORTGAGES  OF  REAL  ESTATE. 


Section 

1.  What  is  deemed  to  be  a  mortgage. 

2.  No  estate  encumbered  by  a  condition 

not   in    writing  and  made  part  of 
deed. 

3.  Mortgage  to  secure  only  existing  lia- 

bility. 

4.  Mortgage  to  be  void  on  the  perform- 

ance of  its  condition. 

5.  Release  by  mortgagee,  how  obtained. 

6.  Court  may  decree  a  discharge. 

7.  Decree  recorded,  of  same  effect  as  a 

release. 


Section 

8.  Mortgagee    shall     give    account   of 

sum  due  on  the  mortgage. 

9.  If  mortgagee  neglects,  proceedings. 
10.  Payment  of  sum  into  court,  a  dis- 
charge. 

IL  Issues  of  fact  to  be  tried  by  jury. 

12.  Petition  to  be  filed  within  one  year. 

13.  Redemption  of  mortgaged  property. 

14.  Foreclosure  of  mortgages. 

15.  Expenses  of  foreclosure,  how  paid. 

16.  Evidence   of  entry,  &c.,   how   pre- 

served. 

17.  "Mortgager"     and     "mortgagee," 

meaning. 


Section  1.  Every  conveyance  of  lands,  made  for  the  purpose  of 
securing  the  payment  of  money  or  the  performance  of  any  other 
thing  in  the  condition  thereof  stated,  is  a  mortgage  within  the 
meaning  of  this  act. 

Sec.  2.  No  conveyance  in  writing  of  any  lands  shall  be  defeated, 
nor  any  estate  encumbered,  by  any  agreement,  unless  it  is  inserted 
in  the  condition  of  the  conveyance  and  made  part  thereof,  stating 
the  sum  of  money  to  be  secured,  or  other  thing  to  be  performed. 

Sec.  3.  No  estate  conveyed  in  mortgage  shall  be  holden  by  the 
mortgagee  for  the  payment  of  any  sum  of  money,  or  the  perform- 
ance of  any  other  thing,  the  obligation  or  liability  to  the  payment 
or  performance  of  which  arises,  is  made  or  contracted  after  the 
execution  and  delivery  of  such  mortgage. 

Sec.  4.  Upon  the  performance  of  the  acts  stated  in  the  condi- 
tion of  any  mortgage,  and  the  payment  of  all  damages  and  costs 
arising  by  reason  of  the  non-performance  of  such  condition,  ac- 
cording to  the  terms  thereof,  or  upon  the  legal  tender  of  such  per- 
formance and  payment,  such  mortgage  shall  be  void. 

Sec.  5.  If  after  such  performance  or  payment,  or  a  legal  tender 
thereof,  the  mortgagee,  or  person  having  his  estate,  being  duly 
requested  and  having  his  reasonable  charges  therefor  tendered  to 
him,  shall  refuse  or  neglect  to  execute  a  release  of  his  interest  in 


246  MORTGAGES    OF    REAL   ESTATE.  [TITLE  XV. 

the  mortgaged  premises,  the  mortgager  or  person  having  his  es- 
tate, may  apply  by  petition  to  the  court  of  common  pleas  in  the 
county  where  the  mortgaged  estate  or  the  greater  part  thereof  lies, 
stating  the  conveyance  of  the  estate,  the  condition  of  the  convey- 
ance and  the  performance,  payment  or  tender  thereof,  as  aforesaid, 
and  praying  for  a  decree  of  discharge  and  other  relief  thereon. 

Sec.  6.  If  said  court  after  proof  of  due  notice  given,  and  a  hear- 
ing on  such  petition,  shall  find  that  the  condition  of  such  mortgage 
has  been  performed,  and  all  damages  and  costs  paid  according  to 
law,  or  that  a  legal  tender  thereof  has  been  made,  and  the  amount 
of  debt  and  damages  brought  into  court  and  lodged  with  the  clerk 
thereof,  the  court  shall  decree  that  such  mortgage  be  discharged. 

Sec.  7.  A  copy  of  such  decree  recorded  in  the  registrj'-  of  deeds 
for  the  county  in  which  such  lands  lie,  shall  have  the  same  effect 
as  a  release  duly  executed  by  the  mortgagee. 

Sec.  8.  The  mortgagee  upon  a  request  in  writing  by  the  mort- 
gager, shall  make  out  and  deliver  to  him  or  his  agent,  a  just  and 
true  account  of  all  his  demands  secured  by  such  mortgage,  and  all 
damages  and  costs  incurred  by  reason  of  the  non-performance  of 
the  condition  thereof,  and  of  all  rents  and  profits  by  him  received. 

Sec.  9.  If  he  shall  unreasonably  refuse  or  neglect  to  make  out 
and  deliver  such  account,  the  com't  of  common  pleas  upon  petition 
by  the  mortgager  setting  forth  the  facts  in  the  case,  and  due  notice 
given  to  the  parties  interested,  shall  determine  the  amount  justly 
due  after  deducting  rents  and  profits  received. 

Sec  10.  Upon  such  amount  being  brought  into  court  and  lodg- 
ed with  the  clerk  thereof,  the  court  shall  decree  that  such  mortgage 
be  discharged,  and  a  copy  of  such  decree  recorded  in  the  registry 
of  deeds  for  the  county  in  which  such  lands  lie,  shall  have  the 
same  effect  as  a  release  duly  executed  by  the  mortgagee. 

Sec  11.  If  upon  the  hearing  of  any  petition  aforesaid  any  issue 
of  fact  shall  arise,  such  issue,  if  either  party  elects,  may  be  deter- 
mined by  a  jury,  and  costs  shall  be  awarded  to  the  prevailing 
party. 

Sec  12.  No  such  petition  shall  be  heard  unless  the  same  shall  be 
entered  in  court  within  one  year  after  such  payment,  performance 
or  tender,  refusal  or  neglect. 

Sec  13.  All  lands  conveyed  in  mortgage,  may  be  redeemed  after 
the  condition  thereof  is  broken,  by  the  mortgager,  by  the  payment 
of  all  demands  and  the  performance  of  all  things  secured  by  such 
mortgage,  and  all  damages  and  costs  sustained  and  incurred  by 
reason  of  the  non-performance  of  the  condition  of  the  same,  or  by 
a  legal  tender  thereof  before  foreclosure. 

Sec  14.  The  right  of  the  mortgager  to  redeem  any  mortgaged 
premises,  shall  be  forever  barred  and  foreclosed  by  the  mortgagee 
in  the  following  modes  : — 

First;  by  entry  into  the  mortgaged  premises  under  process  of 
law,  and  continued,  actual  possession  thereof  for  one  year : 


CHAP.   132] 


PERSONAL    MORTGAGES. 


247 


Second;  by  peaceable  entry  into  the  mortgaged  premises,  and 
continued,  actual,  peaceable  possession  thereof  for  the  space  of  one 
year,  and  by  publishing  in  some  newspaper  printed  in  the  same 
county,  if  any  there  be,  otherwise  in  some  newspaper  printed  in 
some  adjoining  county,  three  weeks  successively,  a  notice  stating 
the  time  at  which  such  possession  taken  for  condition  broken  com- 
menced, the  object  of  such  possession,  the  name  of  the  mortgager 
and  mortgagee,  the  date  of  the  mortgage  and  a  description  of  the 
premises,  the  first  publication  to  be  six  months  at  least  before  such 
right  to  redeem  Avould  be  foreclosed : 

Third;  by  the  mortgagee  in  possession  of  the  mortgaged  pre- 
mises, giving  notice  to  the  mortgager  or  person  interested  therein, 
that  such  possession  is  holden  for  the  purpose  of  foreclosing  the 
right  to  redeem,  and  by  retaining  actual,  peaceable  possession 
thereof  for  one  year  after  such  notice,  and  by  publishing  a  like 
notice  as  in  the  case  of  a  peaceable  entry. 

Sec.  15,  The  expense  of  such  publication  and  thirty-four  cents 
for  such  notice,  shall  be  paid  to  the  mortgagee  by  the  person  re- 
deeming such  mortgage,  and  before  the  redemption  thereof. 

Sec,  16,  The  affidavit  of  the  party  making  any  entry  into  real 
estate,  and  of  the  witnesses  thereto  as  to  the  time,  manner  and 
purposes  of  such  entry,  and  a  copy  of  the  published  notice  verified 
by  affidavit  as  to  the  time,  place  and  mode  of  publication,  recorded 
in  the  registry  of  deeds  for  the  county  in  which  the  lands  lie,  shall 
be  evidence  of  such  entry  and  publication. 

Sec.  17.  The  word  "mortgager"  or  "mortgagee,"  in  this  title, 
shall  be  construed  to  include  any  person  claiming  under  or  repre- 
senting him. 


CHAPTER  13S. 


OF  MORTGAGES  OF  PERSONAL  PROPERTY. 


Section 

1.  What  property  may  be  mortgaged. 

2.  Mortgage  must  be  recorded  or  posses- 

sion of  property  taken. 

3.  Mortgager    and    mortgagee   to  make 

oatli. 

4.  Form  of  oath  to  be  varied. 

5.  Certificate  of  oath  to  be  recorded. 

6.  Falsehood  in  such  oath  is  perjury. 

7.  Mortgage  not  valid  unless  the  forego- 

ing provisions  are  complied  with. 

8.  Mortgager    shall    not   sell    or   pledge 

mortgaged  property  without  leave. 


Section 

9.  Mortgager   shall    not   mortgage   the 
same  without  notice. 

10.  Penalty  for  such  sale  or  mortgage. 

11.  Bottomry,  respondentia   bonds,  &c., 

excepted  from  this  chapter. 
13.  Town  clerk   shall  record  mortgages, 
&c. 

13.  Time  and  mode  of  redemption. 

14.  Mortgagee  may  sell  property. 

15.  Notice  of  sale,  how  given. 

16.  Mortgagee  may  be  purchaser. 


'248  PERSONAL  MORTGAGES.  [TITLE  XV. 

Section  1.  Personal  property,  and  crops  of  every  description, 
whether  the  same  have  or  have  not  come  to  maturity,  are  subject 
to  mortgage  agreeably  to  the  provisions  of  this  chapter. 

Sec.  2.  Possession  of  the  mortgaged  property  must  be  delivered 
to  and  retained  by  the  mortgagee,  or  the  mortgage  must  be  record- 
ed in  the  office  of  the  clerk  of  the  town  in  which  the  mortgager 
resides  at  the  time  of  making  the  same. 

Sec.  3.  Each  mortgager  and  mortgagee  shall  make  and  sub- 
scribe an  affidavit  in  substance  as  follows : — 

"We  severally  sAvearthat  the  foregoing  mortgage  is  made  for  the 
purpose  of  securing  the  debt  specified  in  the  condition  thereof,  and 
for  no  other  purpose  whatever,  and  that  said  debt  was  not  created 
for  the  purpose  of  enabling  the  mortgager  to  execute  said  mort- 
gage, but  is  a  just  debt,  honestly  due  and  owing  from  the  mortgager 
to  the  mortgagee." 

Sec  4.  If  such  mortgage  is  given  to  indemnify  the  mortgagee 
against  any  liability  assumed,  or  to  secure  the  fulfilment  of  any 
agreement  other  than  for  the  payment  of  a  debt  due  from  the 
mortgager  to  the  mortgagee,  such  liability  or  agreement  shall  be 
stated  truly  and  specifically  in  the  condition  of  the  mortgage,  and 
the  affidavit  shall  be  so  far  varied  as  to  verify  the  validity,  truth 
and  justice  of  such  liability  or  agreement. 

Sec  5.  Every  such  affidavit  with  the  certificate  of  the  justice 
who  administered  the  oath,  shall  be  made  upon  or  appended  to 
such  mortgage  and  recorded  therewith. 

Sec.  6.  All  wilful  falsehood  committed  in  any  such  affidavit, 
shall  be  deemed  to  be  perjury  and  punished  accordingly. 

Sec  7.  No  such  mortgage  shall  be  valid  against  any  person  ex- 
cept the  mortgager,  his  executors  and  administrators,  unless  posses- 
sion is  delivered  or  the  mortgage  is  sworn  to  and  recorded  in  the 
manner  herein  prescribed. 

Sec  8.  No  mortgager  of  personal  property  «hall  sell  or  pledge 
any  such  property  by  him  mortgaged,  without  the  consent  of  the 
mortgagee  in  writing  upon  the  back  of  the  mortgage,  and  on  the 
margin  of  the  record  thereof  in  the  office  where  such  mortgage  is 
recorded. 

Sec  9.  No  mortgager  shall  execute  any  second  or  subsequent 
mortgage  of  personal  property,  while  the  same  is  subject  to  a  pre- 
viously existing  mortgage  given  by  such  mortgager,  unless  the 
fact  of  the  existence  of  such  previous  mortgage  is  set  forth  in  the 
subsequent  mortgage. 

Sec  10.  If  any  mortgager  shall  be  guilty  of  any  offence  against 
either  of  the  two  sections  preceding,  he  shall  be  punished  by  fine 
equal  to  double  the  value  of  the  property  so  wrongfully  sold, 
pledged  or  mortgaged,  one  half  to  the  use  of  the  party  injured 
and  the  other  half  to  the  use  of  the  county. 

Sec  11.  Nothing  in  this  chapter  contained  shall  afiect  any  trans- 


CHAP.   133] 


MECHANICS      LIENS. 


249 


fer  of  property  under  bottomry  or  respondentia  bonds,  or  of  any 
ships  or  goods  at  sea  or  abroad,  if  the  mortgagee  shall  take  posses- 
sion thereof  as  soon  as  may  be  after  their  arrival  in  this  State. 

Sec.  12.  Every  town  clerk  shall  keep  a  book  of  records  for  per- 
sonal mortgages,  at  the  expense  of  the  town,  shall  record  therein 
any  mortgage,  transfer,  consent  or  discharge,  or  give  a  certified 
copy  thereof,  when  requested,  upon  payment  of  the  fees  tberefor, 
shall  certify  the  time  when  the  same  is  received  and  recorded,  and 
keep  an  alphabetical  index  of  mortgagers  and  mortgagees,  which 
records  and  index  shall  be  open  to  public  inspection. 

Sec.  13.  When  the  condition  of  any  mortgage  of  personal  pro- 
perty has  been  broken,  the  mortgager  may  redeem  the  same  by 
paying  or  tendering  to  the  mortgagee  the  amount  due  on  such 
mortgage,  with  all  reasonable  expenses  incurred  by  reason  of  such 
breach  of  condition,  at  any  time  before  a  sale  thereof  as  is  herein- 
after prescribed. 

Sec.  14.  The  mortgagee  may  at  any  time  after  thirty  days  from 
the  time  of  condition  broken,  sell  the  mortgaged  property  or  any 
part  thereof,  at  public  auction,  notice  of  the  time,  place  and  purpo- 
ses of  such  sale  being  posted  up  at  two  or  more  public  places  in  the 
town  in  which  such  sale  is  to  be,  four  days  at  least  prior  thereto. 

Sec.  15.  The  mortgagee  shall  notify  the  mortgager  of  the  time 
and  place  of  sale,  either  by  notice  in  writing  delivered  to  the  mort- 
gager, or  if  a  corporation,  to  the  person  on  whom  legal  process 
may  be  served,  or  left  at  his  place  of  abode  (if  within  the  town) 
at  least  four  days  previous  to  the  sale.  If  the  mortgager  does  not 
reside  in  the  town,  the  posting  up  of  notices  as  required  in  the 
preceding  section,  shall  be  sufficient. 

Sec  16.  Such  mortgagee  may  be  a  purchaser  at  such  sale, 
and  the  proceeds  of  such  sale  shall  be  applied  by  him  to  the  pay- 
ment of  the  demand  secured  by  such  mortgage,  and  the  expenses 
of  keeping  and  sale ;  and  the  residue,  if  any,  shall  be  paid  to  the 
mortgager  on  demand. 


CHAPTER   133. 


OF  THE  LIENS  OF  MECHANICS  AND  OTHERS. 


Section 

1.  Laborers  on  vessels  to  have  lien. 

2.  Such  lien,  how  secured. 

3.  Lien  on  buildings,  when  given. 

4.  Contract  to  be  recorded. 

5.  Town  clerk  to  file  such  contract. 

6.  Such  lien  secured  by  attachment. 

7.  Subject  to  prior  mortgage  or  attach- 

ment. 

32 


Section 

'  8.  Priority  of  liens,  how  determined. 
9.  Lien  where  contracts  partly  perform- 
ed. 

10.  Lien  discharged   by  payment  or  ten- 

der. 

11.  Not  to  take  effect  until  adopted  by 

town. 


250  mechanics'    mens,  .  [title  XV. 

Section  1.  If  any  person  shall  perform  any  labor  or  fnrnish  any 
materials  towards  building,  repairing,  fitting  or  furnishing  any 
vessel,  payment  for  which  is  due,  he  shall  have  a  lien  therefor  on 
such  vessel  for  the  space  of  four  days  after  the  vessel  is  completed. 

Sec.  2.  Such  lien  may  be  secured  by  attachment  of  the  ves- 
sel within  said  four  days,  and  such  attachment  shall  have  prece- 
dence of  all  other  attachments  and  claims,  except  the  lien  for 
mariners'  wages. 

Sec.  3.  If  any  person  under  any  written  contract  shall  furnish 
any  labor  or  materials  for  erecting,  repairing  or  altering  any  build- 
ing, he  shall  have  a  lien  therefor  upon  such  house  or  building,  and 
upon  the  interest  of  the  person  for  whom  such  labor  and  materials 
are  furnished,  in  the  lot  of  land  on  which  it  stands,  for  the  space 
of  thirty  days  after  the  payment  of  said  labor  or  materials  shall 
become  due  by  said  contract. 

Sec.  4.  Such  lien  shall  not  attach,  unless  such  contract  is  made 
in  writing  expressing  the  terms  thereof  fully,  and  a  true  copy  of 
the  same  left  with  the  town  clerk  of  the  town  in  which  such  house 
or  building  is  situate. 

Sec.  5.  The  town  clerk  shall  receive  such  copy,  minute  thereon 
the  time  when  received,  and  keep  the  same  on  file,  for  which  he 
shall  receive  seventeen  cents. 

Sec.  6.  Such  lien  may  be  secured  within  the  thirty  days  afore- 
said, by  an  attachment  of  such  building  and  land,  and  such  attach- 
ment shall  have  precedence  of  all  attachments  made  where  no  sucli 
lien  exists,  after  the  filing  of  such  contract  with  the  town  clerk. 

Sec.  7.  If  the  land  on  which  such  building  is  situate  or  to  be 
erected,  is  under  mortgage  or  attachment  at  the  time  of  filing  the 
copy  of  the  contract  as  aforesaid,  such  prior  mortgagee  or  attaching 
creditor  shall  be  preferred  to  the  extent  of  the  value  of  the  land 
and  building  at  that  time. 

Sec.  8.  If  two  or  more  persons  having  such  lien  upon  the  same 
property,  shall  secure  the  same  by  attachment,  they  shall  severally 
hold  according  to  the  priority  of  their  several  liens. 

Sec.  9.  If  the  owner  of  such  land  or  building  shall  have  failed 
to  perform  his  part  of  any  such  contract,  by  reason  whereof  the 
other  party  shall  without  his  default  have  been  prevented  from 
completing  such  contract,  the  latter  shall  have  a  lien  on  such  build- 
ing and  land  for  such  sum  as  is  his  due  for  what  he  has  done. 

Sec.  10.  Any  lien  aforesaid  may  be  discharged  at  any  time  by 
the  payment  or  tender  of  the  amount  due,  together  with  the  costs 
of  any  attachment  made  to  secure  the  same. 

Sec.  11.  The  provisions  of  this  chapter  shall  not  be  in  force  in 
any  town,  unless  adopted  by  such  town  at  some  meeting  called  for 
that  purpose. 


CHAP.   135.] 


ASSIGNMENTS MILLS. 


251 


CHAPTER  134. 


OF  ASSIGNMENTS  FOR  THE  BENEFIT  OF  CREDITORS. 


Section 
1.  No  assignment  valid  unless  distribu- 
tion equal. 


Section 
2.    Assignments 
oath. 


must   be   made   under 


Section  1.  No  assignment  made  for  the  benefit  of  the  creditors 
of  any  debtor  making  the  same,  shall  be  valid,  unless  it  provides 
for  an  equal  distribution  of  all  the  estate,  rights  and  credits  of  such 
debtor  among  all  his  creditors  in  equal  proportion  to  their  respec- 
tive claims. 

Sec.  2.  No  such  assignment  shall  be  valid  until  the  person 
making  the  same,  shall  have  made  oath  that  he  has  placed  and 
assigned,  and  the  true  intention  of  his  assignment  is  to  place  in  the 
hands  of  his  assignee  all  his  property  of  every  description,  except 
such  as  is  by  law  exempted  from  attachment  and  execution,  to  be 
divided  among  all  his  creditors  in  proportion  to  their  respective 
claims. 


TITL.E  XVI. 

PROVISIONS    RESPECTING     MILLS,    FENCES,    POUNDS, 
FLOATING  TIMBER,  STRAYS  AND  LOST  GOODS. 


Chapter  135.  Of  mills  and  their  repairs. 

Chapter  136.  Of  fences  and  common  fields. 

Chapter  137.  Of  pounds  and  distraining  of  animals. 

Chapter  138.  Of  floating  timber  and  damages  therefrom. 

Chapter  139.  Of  strays  and  lost  goods. 


CHAPTER  135, 

OF  MILLS  AND  THEIR  REPAIRS. 


Section 

1.  Repairs  in  mills  and  dams,  how  made. 

2.  Mill  owners  may  apply  to  selectmen. 

3.  Facts  to  be  stated  in  the  application. 


Section 

4.  Notice  of  hearing,  how  given. 

5.  If  party  is  a  minor,  married  woman, 

ward,  tenant,  &c 


252 


MILLS. 


[title  XVI. 


Section 

6.  Selectmen  may  order  repairs,   when. 

7.  On  neglect,  other  owners  may  repair. 

8.  In  case  mill  in  two  towns,  proceedings. 


Section 

9.  Special  contracts  not  atlected. 

10.  Tolls,  what  allowed  by  law. 

11.  Penalty  for  taking  more. 


Section  1.  All  necessary  repairs  in  any  mill,  milldam  or  flume 
owned  by  joint  tenants  or  tenants  in  common,  or  in  any  milldam 
or  flume  owned  in  severalty,  when  the  privilege  of  the  water  is 
owned  jointly  or  in  common,  shall  be  made  by  sncli  owners  in 
proportion  to  their  respective  interests  therein. 

Sec.  2.  When  in  the  opinion  of  any  owner  of  any  part  or  share 
of  a  mill,  milldam  or  flume,  it  shall  be  necessary  that  such  mill, 
milldam  or  flume  be  rebuilt  or  repaired,  and  the  other  part  owners 
shall  neglect  to  rebuild  or  repair  the  same  immediately,  he  may 
apply  by  petition  in  writing  to  the  selectmen  of  the  town  in  which 
such  mill,  milldam  or  flume  is  situated,  to  appoint  a  time  and  place 
of  hearing  thereon. 

Sec.  3.  Such  petition  shall  contain  a  description  of  the  premises, 
of  the  names  and  shares  of  all  persons  interested  therein  who  are 
known,  and  of  the  object  of  the  hearing,  and  a  request  that  such 
hearing  may  be  appointed  and  notice  thereof  given  according  to 
law. 

Sec.  4.  The  selectmen  shall  appoint  a  time  and  place  of  hearing 
on  such  petition,  and  shall  notify  all  persons  interested  therein,  by 
causing  a  true  and  attested  copy  of  such  notice  to  be  given  in 
hand  to  or  left  at  the  usual  place  of  abode  of  every  such  person,  at 
least  fourteen  days  before  the  day  of  hearing,  if  such  person  is 
known  and  is  an  inhabitant  of  this  State,  otherwise  by  causing 
such  notice  to  be  posted  up  in  two  or  more  public  places  in  the 
town  twenty  days  before  the  meeting,  and  published  in  some  news- 
paper printed  in  the  same  county,  if  any  tliere  be,  if  not,  in  some 
adjoining  county,  three  weeks  successively,  the  last  publication  to 
be  not  less  than  ten  days  before  such  day  of  meeting. 

Sec.  5.  If  any  person  interested  is  a  minor,  married  woman, 
tenant  for  life  or  years,  mortgager  or  mortgagee  in  possession,  or 
person  under  guardiau ship,  the  guardian  of  such  minor,  the  husband 
of  such  married  woman,  such  tenant,  mortgager  or  mortgagee  in 
possession,  or  guardian  shall  be  notified  as  aforesaid,  and  shall  vote 
and  contribute  as  if  personally  interested ;  and  any  sum  so  contri- 
buted and  paid  shall  be  a  lien  upon  such  estate  and  a  legal  charge 
against  the  person  for  whom  the  same  is  paid. 

Sec.  G.  If  upon  any  such  hearing  the  selectmen  or  a  majority 
of  them  shall  be  of  oj)inion  that  such  milldam  or  flume  ought  lo 
be  repaired  or  rebuilt,  they  shall  order  each  delinquent  part  owner 
to  repair  or  rebuild  his  part  or  share  thereof,  in  such  manner  and 
within  such  time  as  they  shall  think  reasonable,  and  to  pay  such 
portion  of  the  costs  as  they  shall  awaxd  ;  but  no  order  to  rebuild 
shall  issue  unless  assented  to  by  the  owners  of  one  half  at  least  of 
such  mill,  milldam  or  flume. 


CHAP.  13C.] 


FENCES    AND    COMMON    FIELDS. 


253 


Sec.  7.  If  any  such  delinquent  shall  not  comply  with  such 
order,  any  one  or  more  of  the  other  part  owners  may  rebuild  or 
repair  his  part  or  share  of  such  mill,  milldam  or  flume,  the  cost  of 
which  shall  be  appraised  by  the  selectmen  aforesaid  and  certified  by 
them,  together  with  their  own  and  all  other  fees,  which  sum  may 
be  recovered  of  such  delinquent  with  interest,  if  he  receives  the 
benefit  thereof,  or  otherwise  shall  be  a  lien  upon  such  part,  and  the 
rents  and  profits  thereof,  until  such  sum  with  interest  thereon  at 
the  rate  of  nine  per  cent.,  and  all  taxes  and  repairs  shall  be  repaid 
in  full. 

Sec.  8.  If  such  mill,  milldam  or  flume  shall  be  situate  in  more 
than  one  town,  petition  shall  be  made  to  and  acted  upon  by  the 
selectmen  of  all  such  towns,  acting  as  one  board. 

Sec.  9.  If  any  special  contract  has  been  made  by  such  part 
owners  respecting  rebuilding  or  repairing  any  mill,  milldam  or 
flume,  it  shall  not  be  afl'ected  by  the  provisions  of  this  chapter. 

Sec  10.  The  toll  for  grinding  grain  of  any  kind  shall  not  be 
more  than  one  sixteenth  part  thereof,  and  for  bolting  not  more  than 
one  sixty-fourth  part  thereof. 

Sec.  11.  If  any  owner  of  any  grist  mill, or  any  person  employed 
therein,  shall  take  more  toll  than  as  aforesaid,  he  shall  forfeit  for 
every  offence  five  dollars,  to  be  recovered  by  action  of  debt,  in  the 
name  and  to  the  use  of  the  person  injured  thereby  ;  and  shall 
moreover  be  liable  at  the  suit  of  the  party  injured,  for  damages. 


CHAPTER  136. 


OF  FENCES  AND  COMMON  FIELDS. 


Section 

1.  Partition  fences  supported  equally. 

2.  Division  of  fences  to  be  in  writing 

and  recorded. 

3.  Fence  viewers  may  make  division. 

4.  Fences,  what  are  legal. 

5.  Fence  viewers  may  direct  repairs. 

6.  Owner  of  adjoining  land  may  repair. 

7.  Fence  viewers  to  appraise  such  fence. 

8.  Double  value  recovered  by  builder. 

9.  Owner  improving  to  pay  for  fence. 

10.  Fence  viewers  to  appraise  the  same. 

11.  Owner  ceasing  to  improve,  rights. 


Section 

12.  Party  not  repairing  liable  for  dama- 

ges. 

13.  Fence  viewers  to  give  notice. 

14.  How  paid,  who  liable  for  costs. 

15.  Applications  to  be  in  writing. 

16.  Decision  of  fence  viewers  to  be  final. 

17.  If  fence  in  two  towns,  who  act. 

18.  Occupant  to  be  deemed  owner. 

19.  Fence  viewer,  penalty  for  neglect. 

20.  Common  fields,  how  fenced. 

21 .  Fence  may  be  assigned,  how. 

22.  Taxes  may  be  raised  for  repairs. 

23.  Bounds  to  be  renewed,  when. 


254  FENCES.  [title  XVI. 

FENCES. 

Section  1.  The  owners  of  adjoining  lands,  under  improvement, 
shall  build  and  repair  the  partition  fence  between  them  in  equal 
shares. 

Sec.  2,  Any  division  of  such  fence  made  by  the  parties  in  writ- 
ing and  recorded  in  the  town  records,  shall  be  forever  binding  upon 
the  parties,  and  all  succeeding  owners  and  occupants  of  the  land. 

Sec  3.  If  the  parties  shall  not  agree  upon  a  division,  the  fence 
viewers  of  the  town  upon  application  shall  make  such  division, 
which  being  recorded  in  the  town  records,  shall  be  of  the  same 
force  as  a  division  made  by  the  parties,  and  a  copy  of  such  record 
shall  be  evidence. 

Sec  4.  All  fences  four  feet  high  and  in  good  repair  consisting 
of  rails,  timber,  boards  or  stone  walls,  and  all  brooks,  rivers,  ponds, 
creeks,  ditches,  hedges  and  other  things  deemed  by  the  fence  view- 
ers to  be  equivalent  thereto,  shall  be  accounted  legal  and  sufficient 
fences. 

Sec  5.  The  fence  viewers  upon  application  of  either  party  shall 
view  any  fence  alleged  to  be  insufficient,  and  if  they  judge  the 
same  to  be  insufficient,  they  shall  limit  a  time  for  the  building  or 
repair  of  the  same,  and  give  notice  to  the  delinquent  party  to  build 
or  repair  the  same  within  the  time  so  limited. 

Sec  6.  If  the  party  so  notified,  shall  not  build  or  repair  such 
fence  within  the  time  so  limited,  the  owner  of  the  adjoining  land 
may  build  or  repair  the  same. 

Sec  7.  The  fence  viewers  upon  application  shall  view  the  fence 
so  built  or  repaired,  and  ff  they  judge  the  same  and  the  residue  of 
the  fence  between  the  same  owners,  upon  the  same  tract  of  land, 
to  be  sufficient,  they  shall  appraise  the  fence  so  built  or  repaired. 

Sec  8.  The  person  so  building  or  repairing  such  fence,  shall 
have  the  right  to  demand  and  recover  double  the  said  appraised 
value  thereof  of  the  delinquent  party,  with  costs  of  suit,  in  an 
action  of  assumpsit  for  labor  and  materials. 

Sec  9.  If  the  owner  of  land  shall  have  improved  the  same 
before  the  owner  of  adjoining  land,  and  erected  a  division  fence, 
he  shall  be  entitled  to  demand  and  recover  of  such  owner  of  the 
adjoining  land,  when  he  shall  begin  to  improve,  the  value  of  such 
part  of  the  fence  as  upon  any  division  of  the  fence  then  or  previ- 
ously made  by  the  parties  or  the  fence  viewers,  it  was  his  duty  to 
build. 

Sec  10.  In  the  case  aforesaid  if  the  parties  do  not  agree,  the 
fence  viewers  on  application  shall  appraise  such  fence,  and  the  party 
shall  recover  the  value  agreed  upon  or  appraised,  in  an  action  of 
assumpsit  for  so  much  fence  sold,  if  the  same  is  not  paid  in  thirty 
days  after  a  demand  thereof  is  made. 

Sec  11.  If  any  of  the  owners  of  adjoining  land  shall  cease  to 
improve  his  land,  or  shall  lay  the  same  in  common,  he  shall  not 
have  a  right  to  remove  his  part  of  the  fence,  but  shall  be  imder  no 


CHAP.   136.]  COMMON    FIELDS.  255 

obligation  to  repair  or  rebuild  the  same,  so  long  as  said  laud  shall 
lay  in  common. 

Sec.  12.  The  party  neglecting  to  build  or  keep  in  repair  any 
partition  fence  Avhich  he  is  bound  to  maintain,  shall  be  liable  for  all 
damages  arising  from  such  neglect,  and  shall  have  no  remedy  for 
any  damages  happening  to  himself  therefrom. 

Sec.  13.  The  fence  viewers  shall  give  notice  in  writing  to  the 
other  party  interested  therein,  of  every  application  and  of  the  time 
and  place  appointed  for  considering  the  same,  shall  hear  the  parties, 
if  they  attend,  and  their  evidence,  and  shall  reduce  their  decision 
to  writing  which  shall  be  signed,  and  they  shall  cause  a  copy 
thereof  to  be  given  to  each  of  the  parties  within  one  week. 

Sec.  14.  Each  fence  viewer  shall  be  allowed  one  dollar  per  day 
for  his  services,  to  be  paid  by  the  party  making  the  application,  and 
he  shall  be  entitled  to  demand  and  recover  the  one  half  thereof  of 
the  other  party,  in  an  action  of  assumpsit  for  money  paid  for  his 
use,  unless  in  the  opinion  of  the  fence  viewers  justice  requires  a 
different  division  of  the  costs,  in  which  case  they  may  so  order. 

Sec.  15.  Every  application  to  the  fence  viewers  shall  be  in  writ- 
ing, and  one  application  may  embrace  so  many  subjects  as  from 
the  nature  of  the  case  may  be  acted  upon  at  one  meeting. 

Sec.  16.  The  decision  of  the  fence  viewers,  upon  their  being 
duly  sworn  before  a  justice  that  they  have  acted  impartially,  up- 
rightly and  to  the  best  of  their  judgment,  shall  be  final  and  con- 
clusive upon  the  parties. 

Sec.  17.  If  the  fence  in  controversy  is  situate  on  the  line  of 
two  towns,  the  application  shall  be  made  to  the  fence  viewers 
of  the  town  in  which  the  parties  reside  :  if  they  reside  in  different 
towns,  then  to  the  fence  viewers  of  that  town  in  which  the  appli- 
cant does  not  reside. 

Sec.  18.  The  actual  occupant  of  any  land  shall  be  deemed  the 
owner  thereof,  for  any  of  the  purposes  of  this  chapter. 

Sec.  19.  If  any  fence  viewer,  without  sufficient  cause,  shall 
neglect  to  attend  and  perform  any  of  the  duties  required  by  law, 
he  shall  forfeit  six  dollars  to  any  person  who  will  sue  for  the  same. 

COMMON    FIELDS. 

Sec.  20.  When  several  owners  of  land  have  agreed  or  shall 
.agree  to  improve  the  same  in  one  common  field,  any  justice  on  ap- 
plication of  two  or  more  owners  may  call  a  meeting  of  such  own- 
ers, and  the  majority  of  them  when  met  may  determine  in  what 
manner  the  same  shall  be  fenced. 

Sec.  21.  They  may,  in  such  way  as  they  judge  equitable,  assign 
to  each  owner  the  share  of  fence  to  be  erected  and  maintained  by 
him,  and  such  assignment  being  recorded  in  the  town  records, 
every  such  owner  and  all  succeeding  occupants  of  his  land  shall 
be  forever  subject  to  all  such  liabilities  in  relation  thereto,  as  he 
would  be  if  the  same  were  a  partition  fence  of  his  own  land. 


256 


POUNDS. 


[title    XVI. 


Sec.  22.  Such  owners  may  agree  to  erect  and  maintain  such 
common  fence  by  a  tax,  and  thereupon  they  may  adopt  by-laws, 
and  their  ofiicers  shall  have  power  in  conformity  to  such  by-laws 
to  assess  and  collect  such  taxes. 

Sec.  23.  Owners  of  lands  in  common  fields,  or  where  there  is  no 
partition  fence,  shall  once  in  every  five  years,  on  six  days'  notice 
previously  given,  run  the  lines,  and  mark  and  renew  the  boimds 
between  them,  on  penalty  of  forfeiting  five  dollars  for  each  neglect, 
for  the  use  of  the  person  giving  such  notice. 


CHAPTER  137. 


OF  POUNDS  AND  DISTRAINING  OF  ANIMALS. 


Section 

1.  Cattle  may  be  impounded,  when. 

2.  Where  cattle  may  be  impounded. 

3.  Estimate  of  damages  to  be  left  with 

the  pound  keeper. 

4.  Notice  to  owner,  what  and  how  given. 

5.  If  owner  unknown,  notice  how  given. 

6.  If  damages    paid,  creatures    dischar- 

ged. 

7.  Appraiser  may  be  appointed,  how. 

8.  "         to  make  report,  effect. 

9.  If  appraised  damages   paid,  creatures 

to  be  discharged. 
10.  Application  for  sale  may  be  made  after 
four  days 


Section 

11.  Justice  may  order  sale  or  appraisal. 

12.  Surplus   returned   to   owner   on   re- 

quest. 

13.  Creatures      impounded     treated     as 

strays. 

14.  Towns  to  maintain  pounds. 

15.  Rescuing  cattle,  penalty  for. 

16.  Creatures  rescued  may  be  retaken. 

17.  Possession  of  creatures,  evidence  of 

pound  breach,  when. 

18.  Creatures  impounded  to  be  fed. 

19.  Pay  for  food  regulated. 

20.  Fees  of  pound  keeper. 

21      "      of  persons  impounding. 


Section  1.  Any  person  may  impound  any  swine,  neat  cattle, 
horses,  sheep  or  other  creatures  that  shall  be  found  doing  damage 
in  his  enclosure,  or  any  such  creature  found  going  at  large  in  any 
highway  or  street,  or  on  any  common  in  violation  of  the  laws  of 
the  State  or  any  by-laws  of  such  town. 

Sec  2.  Such  creatures  shall  be  impounded  in  the  public  pound, 
if  there  is  any  in  the  town,  otherwise  they  may  be  impounded  by 
the  party  taking  up  such  creatures,  in  his  own  barn  or  enclosure. 

Sec.  3.  The  person  impounding  any  creatiu-es,  shall  leave  with 
the  pound  keeper  in  writing  an  estimate  of  the  damage  done  by 
such  creatures,  or  of  the  penalty  incurred  by  the  owner,  and  the 
amount  of  the  fees  and  charges  incurred. 

Sec  4.  He  shall  within  twenty-four  hours  from  the  time  of  im- 
pounding, cause  to  be  delivered  to  the  owner  or  person  who  last 
had  them  in  his  possession  or  keeping,  if  known  to  him,  or  cause 
to  be  left  at  his  usual  place  of  abode,  a  notice  in  writing  describing 
the  creatures  impounded,  stating  his  estimate  of  the  damage  done, 


CHAP.   137]  POUNDS.  257 

and  the  time  when  and  the  place  where  t4ie  same  was  done,  or  of 
the  penahy  incurred,  the  amount  of  fees  and  charges  then  incurred 
and  the  place  of  impounding. 

Sec,  5.  When  the  owner  or  keeper  of  any  creatures  impounded, 
is  not  known,  the  person  impounding  the  same,  shall  within  the 
same  time  post  up  a  like  notice  in  some  public  place  in  the  town 
and  in  two  adjoining  towns. 

Sec  6.  If  the  owner  or  any  party  claiming  such  creatures,  shall 
pay  the  penalty  or  estimated  damages  and  charges  incurred,  to  the 
person  impounding,  or  to  the  pound  keeper,  the  creatures  impound- 
ed shall  be  forthwith  discharged  from  such  pound. 

Sec.  7.  If  the  owner  or  party  claiming  such  creatures,  shall 
neglect  for  the  space  of  forty-eight  hours  or  shall  refuse  to  pay  the 
damages  estimated  by  the  person  impounding  the  same,  either  of 
said  parties  may  apply  to  some  justice  of  the  peace,  who  shall 
notify  the  other  party  to  appear  before  him  at  a  time  and  place  ap- 
pointed as  early  as  practicable,  and  after  hearing  the  parties  shall 
appoint  three  disinterested  persons  to  appraise  such  damages. 

Sec  8.  The  appraisers  so  appointed  shall  notify  the  parties,  and 
as  early  as  practicable  view  the  place  where  the  damage  is  alleged 
to  be  done,  and  hear  the  parties  and  their  evidence,  and  report  to 
the  justice  whether  any  damage  was  done  by  such  creatures,  at  the 
time  of  their  last  being  in  such  enclosure  only,  and  the  sura  at 
which  they  estimate  the  same,  and  such  report  signed  by  a  majority 
of  such  appraisers,  shall  be  conclusive  upon  the  parties. 

Sec  9.  Upon  payment  of  the  damages  so  appraised  and  the 
charges  incurred,  with  the  fees  of  the  justice  and  appraisers,  to  be 
assessed  by  the  justice,  such  creatures  shall  be  discharged  from  the 
pound. 

Sec.  10.  If  such  creatures  impounded  shall  remain  in  the  pound 
for  four  days,  after  the  day  of  such  notice  being  given  or  posted  as 
aforesaid,  the  person  impounding  the  same  may  apply  to  a  justice 
for  an  appraisal  of  the  damages,  if  no  appraisal  has  been  made, 
and  for  an  order  for  the  sale  or  appraisal  of  such  property. 

Sec.  II.  The  justice  after  notice  and  hearing  the  parties,  may 
order  such  creatures  or  so  many  of  them  as  may  be  necessary,  to 
be  sold  at  public  auction  by  the  person  impounding  the  same,  who 
shall  give  notice  and  proceed  in  such  sale  in  the  same  manner  as 
sheriffs  are  required  to  do  in  sales  upon  execution,  or  he  may  order 
them  to  be  appraised  in  the  same  manner  as  damages  are  required 
to  be  appraised,  in  which  case  the  person  impounding  shall  take 
them  to  his  own  use  at  the  appraised  value. 

Sec  12.  After  payment  of  the  penalty  or  damages  and  all  costs, 
the  overplus  of  such  sale  or  appraisal  shall  be  paid  to  the  owner 
upon  request. 

Sec  13.  If  after  four  days  no  owner  appears,  or  if  after  an 
appraisal  or  order  of  sale  any  of  the  creatures  impounded  shall 
3.3 


258  POUNDS.  [title  XVI. 

remain  unclaimed,  the  person  impounding  may  take  such  creatures 
out  of  the  pound  and  proceed  with  them  as  strays. 

Sec.  14.  Every  town  shall  provide  and  maintain  a  good  and  suf- 
ficient pound,  for  impounding  and  restraining  all  creatures  liable  to 
be  impounded,  and  if  any  town  shall  neglect  to  provide  such  pound, 
they  shall  incur  a  penalty  of  thirty  dollars  for  each  year  they  shall 
be  destitute  thereof,  to  be  recovered  by  any  person  who  will  sue  for 
the  same  to  his  own  use,  or  may  be  punished  by  fine  of  the  same 
amount. 

Sec.  15.  If  any  person  shall  rescue  any  creature  from  the  posses- 
sion of  any  person  driving,  or  being  about  to  drive  the  same  to 
the  pound,  or  shall  make  any  pound  breach,  or  in  any  way  directly 
or  indirectly  convey  or  deliver  any  creature  out  of  any  pound, 
without  lawful  authority,  he  shall  be  punished  by  a  fine  of  twenty 
dollars  or  by  imprisonment  not  exceeding  six  weeks. 

Sec.  16.  The  pound  keeper  or  person  impounding,  may  retake 
within  six  days  any  creature  directly  or  indirectly  conveyed  or 
delivered  out  of  the  pound,  without  lawful  authority,  and  again 
impound  and  detain  the  same  until  the  damages  and  costs  are  paid, 
with  the  additional  cost  of  such  retaking,  or  the  same  is  otherwise 
legally  released. 

Sec  17.  If  any  creatiu*e  so  illegally  conveyed  out  of  any  pound, 
shall  be  in  any  person's  enclosure,  who  shall  refuse  to  deliver  the 
same  to  the  pound  keeper  or  person  who  first  impounded  the  same, 
upon  demand,  such  refusal  shall  be  sufficient  evidence  to  convict 
such  person  of  having  released  said  creatures  from  the  pound. 

Sec.  18.  The  pound  keeper,  if  there  is  any,  otherwise  the  per- 
son impounding,  shall  cause  the  creatures  impounded  to  be  provi- 
ded with  food  and  drink  suitable  for  such  creatures,  and  upon 
neglect  shall  be  liable  to  the  owner  for  all  damages  arising  there- 
from. 

Sec  19.  The  sum  to  be  allowed  for  sustenance  of  creatures 
impounded,  shall  be  for  cattle  and  horses  above  one  year  old,  fifteen 
cents  per  day,  for  all  other  creatures,  seven  cents  per  day,  each. 

Sec  20.  The  fees  to  be  paid  to  the  pound  keeper,  shall  be  five 
cents  each  for  every  creature  impounded,  except  sheep  which  shall 
be  two  cents  each,  including  the  putting  in  and  letting  out,  and  the 
same  fees  in  case  of  creatures  retaken  after  pound  breach. 

Sec  21.  The  fees  to  the  person  impounding,  shall  be  six  cents  a 
mile  for  travel  from  the  place  of  taking  to  the  pound,  and  four 
cents  a  head  for  driving,  if  more  than  one  mile,  otherwise  two 
cents  a  head  ;  for  each  notice  twenty-five  cents,  and  four  cents  a 
mile  for  travel  from  the  pound  to  the  place  where  such  notice  shall 
be  given  or  left ;  and  the  same  fees  in  case  of  creatures  retaken 
after  pound  breach. 


CHAP.  138] 


FLOATING    TIMBER. 


259 


CHAPTER  138. 


OF  FLOATING  TIMBER  AND  DAMAGE  THEREFROM. 


Section 

1.  Owners  of  improved  land  may  detain 

timber  lodged  thereon. 

2.  Owners  to  advertise  such  timber. 

3.  Damages,  how  appraised. 

4.  On  payment  owner  may  remove  with- 

in 7  months. 

5.  Timber  forfeited  if  not  so  removed. 


Section 

6.  Owner  of  unimproved  land  may  de- 

tain timber  lodged  thereon. 

7.  Owner  of  timber  liable  for  damages. 

8.  Stopping  timber  and  cutting  out  marks, 

penalty  for. 

9.  Taking   and    carrying   away    floating 

timber,  larceny. 


Section  1.  Every  owner  of  improved  land  shall  have  the  right 
to  detain  all  masts,  logs  or  timber  of  any  kind  which  shall  be 
lodged  thereon  by  the  waters  of  any  river  or  stream,*  until  the 
damages  occasioned  to  such  land  thereby,  and  by  the  removal 
thereof  and  the  expenses  of  advertising  the  same  shall  be  paid. 

Sec.  2.  Every  such  owner  shall  advertise  all  such  logs  and  tim- 
ber in  the  month  of  September  annually,  by  posting  notices  descri- 
bing the  number  thereof  and  the  marks  thereon,  at  one  of  the 
most  public  places  in  the  same  and  two  adjoining  towns,  and  caus- 
ing a  like  notice  to  be  recorded  by  the  town  clerk. 

Sec.  3.  If  the  owner  or  claimant  of  such  logs  or  timber,  shall 
be  dissatisfied  with  the  damages  and  expenses  demanded  by  the 
owner  of  such  land,  the  selectmen,  and  in  case  a  majority  of  them 
shall  be  interested,  three  justices  may  on  application  and  after 
reasonable  notice  to  the  other  party,  assess  such  damages  and 
expenses. 

Sec.  4.  On  payment  or  tender  of  the  damages  and  expenses  so 
demanded  or  assessed,  the  owner  of  such  logs  and  timber  shall 
have  the  right  to  remove  the  same,  at  any  time  within  seven  months 
after  such  notice  is  posted  up  as  aforesaid. 

Sec.  5.  If  such  logs  or  timber  shall  not  be  removed  within  said 
seven  months,  they  shall  be  forfeited  to  the  owner  of  the  land,  and 
he  may  convert  the  same  to  his  own  use,  provided  they  have  been 
duly  advertised  as  aforesaid. 

Sec.  6.  If  any  logs,  masts  or  spars  of  any  person  shall  be  lodged 
on  the  unimproved  land  of  any  other  person,  they  may  be  detained 
until  the  damages  occasioned  thereby,  and  all  costs  are  paid. 

Sec.  7.  If  such  logs  or  timber  shall  be  removed  by  the  owner 
or  any  other  person,  without  payment  or  tender  of  the  damages 
and  expenses  as  aforesaid,  he  shall  be  liable  to  the  owner  of  such 
land  therefor  and  for  costs,  in  an  action  to  be  commenced  within 
one  year,  and  not  after. 

Sec.  8.  If  any  person  shall  wrongfully  stop  any  masts,  spars  or 
logs  of  any  other  person,  or  prevent  them  from  floating  down  any 
river  or  stream,  or  if  any  person  shall  wilfully  and  fraudulently  cut 


260 


STRAYS    AND    LOST    GOODS. 


[title  XVI. 


out  or  destroy  the  mark  on  such  logs  or  timber,  he  shall  be  pun- 
ished by  imprisonment  not  more  than  thirty  days,  or  by  fine  not 
exceeding  twenty-five  dollars. 

Sec.  9.  If  any  person  shall  wilfully  and  fraudulently  take  and 
carry  away  or  otherwise  convert  to  his  own  use,  either  personally 
or  by  others  in  his  employment  and  under  his  control,  any  log  or 
timber  of  another,  being  in  any  river  or  stream  or  on  the  banks  or 
meadows  adjoining  the  same,  he  shall  be  adjudged  guilty  of  larceny 
and  punished  by  imprisonment  not  less  than  thirty  days  nor  more 
than  one  year,  or  by  confinement  to  hard  labor  not  exceeding  two 
years. 


CHAPTER   139. 


OF  STRAYS  AND  LOST  GOODS. 


Section 

1.  Notice  to  be  given  to  town  clerk. 

2.  Town  clerk  to  record  such  notice. 

3.  Finder  to  post  notices. 

4.  Appraisers  to  be  appointed 

5.  Appraisers'  oath  and  return. 

6.  Finder  to  keep   property  not  claimed 

for  a  year,  when. 
7.  Owner  entitled  to  property  on   pay- 
ment of  expenses. 


Section 

8.  Expenses  adjusted  by  a  justice. 

9.  Owner  liable    for  expense  if    stray 

dies. 
10.  Penalty  for  neglect  of  finder. 
IL  Penalty  for  neglect  of  town  clerk. 

12.  Strays  not  to  be  taken  up,  when. 

13.  Fees  of  finder,  justice  and  clerk. 


Section  1.  The  person  finding  any  money  or  goods,  or  finding 
and  taking  up  any  stray  beast,  the  owner  of  which  is  unknown, 
shall  give  to  the  town  clerk  a  notice  in  writing  describing  the 
money,  goods  or  beast,  within  six  days  after  so  finding  or  taking 
up  the  same. 

Sec  2.  The  town  clerk  shall  record  such  notice  in  a  book  to  be 
by  him  kept  for  that  purpose. 

Sec  3.  The  finder  of  such  property  shall  within  six  days  after 
finding  or  taking  up  the  same,  post  up  a  notice  describing  the 
money,  goods  or  beast,  at  two  public  places  in  the  town  where  the 
same  was  found,  and  if  the  value  thereof  exceed  five  dollars,  at 
some  public  place  in  each  of  two  adjoining  towns,  or  cause  a  copy 
of  such  notice  to  be  published  three  weeks  successively  in  some 
newspaper  circulating  in  such  towns.. 

Sec  4.  If  no  owner  shall  appear  within  one  month  after  notice 
given  as  aforesaid,  the  finder  shall  apply  to  a  justice  who  shall 
appoint  thre©  persons  to  appraise  such  property,  unless  the  same  be 
money. 


CHAP.   139.]  STRAYS    AND    LOST    GOODS,  261 

Sec.  5.  The  appraisers  shall  be  sworn  by  the  justice  to  the  faith- 
ful discharge  of  their  duty,  shall  appraise  the  property  and  make  a 
return  of  their  appraisal  to  the  justice. 

Sec.  6.  If  the  owner  of  such  property  or  beast  shall  not  appear, 
and  claim  the  same,  within  one  year  after  notice  given  to  the 
town  clerk,  the  person  finding  or  taking  up  the  same  may  keep  the 
property  for  his  oAvn  use,  upon  paying  to  the  town  treasurer  the 
residue  of  such  money,  [or]  of  the  appraised  value  of  such  property 
or  beast,  after  deducting  the  fees  and  expenses  incurred. 

Sec.  7.  The  owner  within  one  year,  upon  paying  or  tendering 
to  the  finder  a  reasonable  sum  for  the  keeping,  charges  and  fees 
incurred,  shall  be  entitled  to  his  property. 

Sec.  8.  Any  justice  shall  adjust  and  determine  the  amount  of  the 
fees  and  charges  of  the  finder,  clerk,  appraisers  and  justice,  and  the 
expense  of  keeping,  on  application  of  any  person  interested. 

Sec.  9.  The  owner  of  any  stray  beast  shall  be  liable  to  the  per- 
son taking  up  the  same,  for  such  fees,  charges  and  expenses,  in 
case  the  beast  should  die  without  the  fault  or  negligence  of  the 
finder. 

Sec  10.  If  any  person  finding  any  property  or  taking  up  any 
stray  beast,  shall  neglect  to  give  notice  to  the  town  clerk  or  to  post 
up  notices  as  before  prescribed,  or  to  cause  such  appraisal  to  be 
made,  he  shall  receive  nothing  for  his  services  or  expenses,  and 
shall  forfeit  a  smn  equal  to  double  the  value  of  the  property  found 
or  beast  taken  up. 

Sec  II.  If  any  town  clerk  shall  omit  to  record  any  notice  as 
aforesaid,  or  if  any  person  shall  pull  down  or  destroy  any  notice  so 
posted,  till  the  purpose  thereof  is  answered,  he  shall  forfeit  the  sum 
of  thirty  dollars. 

Sec  12.  No  beast, except  horses  and  mules, shall  be  taken  up  as 
a  stray,  from  the  first  day  of  April  to  the  first  day  of  November  in 
any  year,  unless  the  same  shall  be  fomid  doing  damage  in  some 
enclosure. 

Sec  13.  The  fees  for  notifying  the  clerk  shall  be  twenty-five 
cents,  for  each  advertisement  twenty-five  cents,  for  recording  the 
notice  ten  cents,  for  appointing  appraisers  twenty-five  cents,  for 
receiving  and  recording  the  appraisal  twenty-five  cents,  for  adjust- 
ing the  charges  and  expenses  twenty-five  cents. 


262 


BANKS, 


[title  XVII. 


TITL.E  XVII. 

OF    CORPORATIONS. 


Chapter  140. 
Chapter  141, 
Chapter  142. 
Chapter  143. 
Chapter  144. 
Chapter  145. 
Chapter  146. 


Of  banks  and  savings  banks. 

Of  manufacturing  corporations. 

Of  railroad  corporations. 

Of  proprietors  of  common  lands. 

Of  religious  societies. 

Of  voluntary  associations. 

General  provisions  respecting  corporations. 


CHAPTER  140. 

OF  BANKS. 


Section 

1.  Unchartered  banks  unlawful. 

2.  Penalty  for  being  a  member  thereof. 

3.  Penalty  for  being  concerned  therein. 

4.  All  securities  taken  to  be  void. 

5.  Bills,  &c.,  issued  to  be  void  except 

against  signer. 

6.  Penalty  for  passing  such  bills. 

7.  Bills  to  be  made  payable  in  specie  on 

demand. 

8.  Penalty  for   passing   bills   otherwise 

payable. 

9.  Penalty  for  neglect  to  pay  specie. 

10.  Penalty  for  passing  bills  under  $1,00. 

11.  Penalty  on  bank  for  issuing  bills  of 

certain  denominations. 

12.  Penalty  for   bringing  such  bills  into 

the  State. 

13.  Bank  to  pay  its  altered  bills. 

14.  Circulation  of  bank  limited. 

15.  Suspended  bank  not  to  pay  dividends. 

16.  Debtors   of   suspended   banks   may 

suspend  also,  unless. 

17.  Statementof  condition  of  bank  made. 

18.  Such  statement  to  be  under  oath. 

19.  Penalty  for  neglect  to  make  return. 

20.  Bank  commissioners  to  be  appointed, 

21.  Commissioners  removable  at  pleasure. 

22.  Duties  of  commissioners. 

23.  Compensation  of  commissioners. 


Section 

24.  May  examine  officers  of  bank  on  oath. 

25.  Commissioners  to  report  annually. 

26.  Bank  suspending  to  be  examined. 

27.  Injunction  to  be  issued  forthwith. 

28.  Injunction,  on  hearing  how  modified. 

29.  Charter,  proceedings  to  forfeit. 

30.  Bank  aggrieved  by  injunction,  may 

petition  to  dissolve. 

31.  Assignees  of  bank,  when  appointed. 

32.  Powers  and  duties  of  assignees. 

33.  Court  may  make  orders  to  carry  as- 

signment into  effect. 

34.  Assignees  to  give  bond. 

35.  Suits  on  bond,  how  instituted. 

36.  Assets  of  bank,  how  distributed. 

37.  Creditors  of  bank  may  be  restrained 

from  proceeding. 

38.  Compensation  of  assignees. 

39.  Penalty  on  officers  of  bank  for  false 

statements. 

40.  Penalty  for  embezzlement. 

41.  "         for  fraudulent  payments. 

42.  Voting  by  proxy  regulated. 

43.  Cashier  shall  not  be  a  borrower. 

44.  Indebtedness  of  directors  limited. 

45.  Indemnities  by  directors,  when  void. 

46.  Directors  to  take  no  fee  for  loan. 

47.  Prosecutions,  how  carried  on. 

48.  Forfeiture  of  charter,  proceedings. 


CHAP.   140]  BANKS,  263 


savings    banks. 
Section 
49.  Savinofs  banks  to  be  examined. 


Section 

50.  Powers  and  duties  of  commissioners. 

51.  Assignees  may  be  appointed. 


I 
BANKS. 

Section  1.  Every  company  or  association  of  persons  formed  for 
banking  purposes,  without  an  act  of  the  legislatiu'e  authorizing  the 
same,  shall  be  deemed  unlawful. 

Sec.  2.  If  any  person  shall  subscribe  to  or  become  a  member  of 
such  company  or  association,  he  shall  for  such  offence  be  pun- 
ished by  fine  not  exceeding  one  thousand  dollars,  nor  less  than  four 
hundred  dollars. 

Sec  3.  If  any  person  shall  be  concerned  in  issuing  notes  or  bank 
bills,  receiving  deposits,  loaning,  issuing  or  signing  any  such 
notes  or  bills,  or  in  any  way  aiding  in  carrying  on  the  business  of 
such  company  or  association,  he  shall  be  punished  by  fine  of  one 
hundred  dollars. 

Sec  4.  All  notes  or  securities  for  the  payment  of  money,  or  the 
delivery  of  property,  made,  given,  endorsed  or  transferred  to,  or 
received  by  any  such  company  or  association  for  money  or  bills 
loaned  or  discounts  made,  or  made,  given,  or  transferred  to  or 
received  by  any  person  for  the  benefit  of  such  company  or  associ- 
ation, shall  be  null  and  void. 

Sec  5.  All  bills,  notes,  checks,  drafts  or  obligations  whatsoever 
payable  to  bearer  or  order,  except  such  as  may  be  issued  by  an 
incorporated  bank,  issued  or  passed  with  intent  that  the  same  shall 
be  used  as  currency,  and  which  shall  bear  the  impression  of  types, 
plates  or  printing,  are  void,  and  no  action  shall  be  sustained  there- 
on, except  against  the  original  signer  thereof. 

Sec  6.  If  any  person  shall  issue  or  pass  any  such  note,  bill, 
check,  draft  or  obligation  with  intent  that  the  same  shall  be  circu- 
lated as  currency,  he  shall  be  fined  for  each  offence  twenty  dollars. 

Sec  7.  If  any  incorporated  banking  company  or  any  person  in 
their  behalf  shall  put  in  circulation,  or  issue  with  intent  to  put 
in  circulation  as  currency,  any  bank  bill,  note  or  obligation,  the 
payment  of  which  is  subject  to  any  condition  whatever,  or  payable 
at  any  other  place  than  the  bank  from  which  it  issued,  or  which 
shall  not  be  made  payable  to  the  bearer  in  specie  and  on  demand, 
such  company  or  person  for  every  such  offence  shall  be  fined  one 
hundred  dollars. 

Sec  8.  If  any  person  shall  knowingly  pass  any  bank  bill,  note, 
or  obligation  of  the  description  contained  in  the  preceding  section, 
issued  by  any  bank,  excepting  to  the  bank  from  which  the  same 
issued,  he  shall  be  fined  for  such  offence  five  dollars. 

Sec.  9.  If  any  banking  company  shall  neglect  or  refuse  to  pay 
in  specie,  on  demand,  any  bank  bill,  note  or  obligation  by  them 
issued,  upon  presentment  and  demand  of  payment  thereof  at  said 


264  BANKS.  [title  XVII. 

bank,  the  holder  of  such  bill,  note  or  obligation  may  sue  for  and 
recover  the  amount  thereof,  with  interest  thereon  at  the  rate  of  two 
per  centum  for  each  month,  to  be  computed  from  the  time  of  such 
demand,  and  also  treble  costs  of  suit. 

Sec.  10.  If  any  person  shall  pass  or  offer  to  pass  any  note  or  bill 
of  a  less  denomination  than  one  dollar,  issued  by  any  bank,  except 
to  the  bank  from  which  the  same  was  issued,  he  shall  forfeit  for 
each  offence  five  dollars,  to  be  recovered  by  any  person  who  will 
sue  therefor  within  six  months  from  the  commission  of  the  offence. 

Sec.  11.  No  bank  in  this  State  shall  issue,  or  put  in  circulation 
or  pass  directly  or  indirectly  any  bank  bill  or  note  of  a  less  denom- 
ination than  one  dollar,  or  of  any  denomination  between  one  and 
two,  two  and  three,  three  and  five,  five  and  ten  or  ten  and  twenty 
dollars ;  and  if  any  bank  in  this  State  shall  violate  the  foregoing 
provisions  of  this  section  or  any  part  thereof,  such  bank  shall  forfeit 
for  such  offence  the  sum  of  five  hundred  dollars,  to  be  recovered 
by  indictment,  and  shall  be  liable  to  forfeiture  of  its  charter. 

Sec.  12.  If  any  person  shall  bring  into  this  State  any  bill  or 
note  issued  by  any  bank  not  established  in  this  State,  or  by  any 
person,  of  a  less  denomination  than  one  dollar,  or  of  any  denomi- 
nation between  one  and  two,  two  and  three,  three  and  five,  five 
and  ten  or  ten  and  twenty  dollars,  with  intent  to  put  such  bill  or 
note  in  circulation  in  this  State,  or  to  cause  or  permit  the  same  to 
be  so  put  in  circulation,  or  to  pass  the  same,  or  if  any  person  shall 
pass  or  offer  to  pass  any  such  bill  or  note  in  this  State  directly  or 
indirectly,  such  person  so  offending,  shall  be  punished  therefor  by 
fine  not  less  than  one  hundred  nor  more  than  five  hundred  dollars. 

Sec  13.  The  several  banking  corporations  shall  be  liable  to  pay 
to  any  holder,  the  original  amount  of  any  note  or  bill  of  such  bank, 
altered  in  the  course  of  its  circulation  to  a  larger  amount,  notwith- 
standing such  alteration. 

Sec  14.  No  bank  shall  have  in  circulation  at  any  one  time,  its 
bills  or  notes  to  a  greater  amount  than  four  fifths  of  its  capital 
stock  actually  paid  in  at  such  time,  and  then  composing  its  capital 
stock,  deducting  therefrom  the  amount  of  loans  made  by  such 
bank  upon  the  pledge  of  its  own  stock. 

Sec  15.  No  bank  which  shall  suspend  specie  payments,  shall 
during  such  suspension  pay  any  dividend  of  interest  or  profits  to 
any  stockholder,  and  any  violation  of  this  or  the  preceding  section, 
shall  be  a  forfeitm-e  of  the  charter  of  the  bank  guilty  of  such  vio- 
lation, and  any  director  or  other  officer  of  any  bank  consenting  to 
such  violation,  shall  be  punished  by  confinement  to  hard  labor  not 
exceeding  five  years. 

Sec  16.  Whenever  any  bank  shall  suspend  specie  payments,  any 
person  indebted  to  such  bank  may  suspend  the  payment  of  his  debt 
until  such  bank  shall  resume  specie  payments,  imless  said  bank 
will  receive  its  own  bills  or  other  current  bank  bills  in  payment 
thereof. 


CHAP.   140.]  BANKS.  265 

Sec.  17.  The  cashier  of  every  bank  shall,  on  the  first  Monday 
of  March,  June,  September  and  December  in  each  year,  make  a 
statement  of  the  condition  of  such  bank  on  said  day,  specifying  in 
separate  columns  the  amount  of  capital  stock  actually  paid  in ; 
amount  of  debts  due  the  bank  seciured  by  pledge  of  its  stock  ; 
value  of  real  estate  belonging  to  the  bank ;  amount  of  all  debts  due 
to  the  bank ;  amount  of  all  debts  due  from  the  directors  either  as 
principals  or  sureties,  specifying  whether  on  interest  or  otherwise  ; 
amount  of  specie  in  the  vaults ;  amount  of  bills  of  other  banks  on 
hand ;  amount  of  deposits  in  the  bank ;  amount  of  deposits  in 
other  banks  for  the  redemption  of  its  bills ;  and  the  amount  of  the 
bills  of  the  bank  then  in  circulation. 

Sec.  18.  Such  statement  shall  be  signed  by  the  cashier,  who 
shall  make  oath  before  some  justice  of  the  peace  that  the  same  is, 
in  his  belief  and  to  the  best  of  his  knowledge,  a  just  and  true  ac- 
count of  the  situation  of  such  bank  at  the  time  to  which  said  state- 
ment refers,  a  certificate  of  which  oath  shall  be  made  thereon,  and 
such  statement  shall  be  returned  to  the  secretary  of  state,  within 
ten  days  after  the  said  first  Monday  of  March,  June,  September  and 
December  annually,  who  shall  give  a  receipt  therefor. 

Sec  19.  If  any  bank  shall  neglect  to  make  any  such  return  as  is 
provided  in  the  preceding  section,  each  bank  so  offending  shall  for 
every  such  offence  be  punished  by  a  fine  not  exceeding  one  thou- 
sand dollars,  and  the  certificate  of  the  secretary  of  state  shall  be 
competent  evidence  of  such  neglect. 

Sec  20.  The  governor,  with  the  advice  of  the  council,  shall 
appoint  three  suitable  persons  residing  within  this  State,  no  one 
of  whom  shall  be  an  owner  of  stock  in  or  indebted  to  any  bank  in 
this  State,  as  bank  commissioners,  who  shall  hold  their  office  for 
one  year,  and  until  others  are  duly  appointed  and  commissioned  in 
their  stead. 

Sec  21.  Said  commissioners  shall  be  removable,  and  the  vacan- 
cies may  be  filled  at  pleasure,  by  the  governor  and  council. 

Sec  22.  It  shall  be  the  duty  of  some  one  of  said  commissioners, 
once  at  least  in  each  year,  without  previous  notice  to  the  bank, 
and  as  much  oftener  as  the  governor  may  require,  to  make  person- 
ally a  full  examination  into  the  condition  of  each  bank  and  the 
management  of  its  affairs  ;  to  inspect  all  books,  papers,  notes,  bonds 
and  other  evidences  of  debt  of  said  banks  ;  to  ascertain  the  quanti  - 
ty  of  specie  on  hand,  and  generally  to  make  all  such  inquiries  as 
may  be  necessary  to  ascertain  the  actual  condition  of  said  bank,  its 
ability  to  fulfil  all  its  engagements,  and  whether  it  has  violated  any 
provision  of  its  charter,  or  any  law  relative  to  banks  or  banking, 
and  to  report  the  condition  of  each  bank  to  the  governor  as  soon  as 
may  be  after  such  examination. 

Sec.  23.  Such  commissioner  shall  receive  from  each  bank  so 
examined,  ten  cents  per  mile  each  way  for  his  actual  travel   to 
make  such  examination,  and  two  dollars  for  each  day  necessarily 
34 


266  BANKS.  [title  XVII. 

employed  in  making  such  examination  and  report ;  but  if  there  is 
more  than  one  bank  in  any  place,  he  shall  not  tax  more  than  one 
travel. 

Sec.  24.  Any  snch  commissioner  may  examine  under  oath  all 
the  officers,  agents  or  servants  of  any  bank,  or  any  other  person, 
in  relation  to  the  affairs  and  condition  of  such  bank,  and  may 
administer  said  oath  personally. 

Sec.  25.  Said  commissioners  shall  make  report  of  their  proceed- 
ings and  of  the  condition  of  said  banks  to  the  legislature  annually, 
during  the  first  week  of  its  session. 

Sec  26.  If  any  bank  shall  suspend  specie  payments,  such  bank 
shall  thereby  forfeit  its  charter,  and  the  governor  shall  direct  two 
or  more  of  said  commissioners  to  make  an  immediate  examination 
into  the  condition  of  such  bank,  especially  as  to  its  available  funds, 
its  liabilities,  the  amount  of  the  liabilities  of  eacli  stockholder,  the 
amount  of  bills  in  circulation,  whether  since  such  suspension  any 
loan  or  dividend  has  been  made,  and  if  so,  the  amount  thereof,  the 
amount  of  specie  and  funds  on  hand  at  the  time  of  such  suspension 
and  at  the  time  of  such  examination,  and  the  disposition  thereof, 
if  any,  that  has  been  made,  and  such  other  facts  as  may  be  neces- 
sary to  enable  the  public  to  judge  of  the  solvency  of  such  bank. 
And  said  commissioners  shall  make  a  full  report  thereof,  and  cause 
the  same  to  be  published  in  all  the  newspapers  authorized  to  publish 
the  laws  of  this  State. 

Sec.  27.  If  such  commissioners,  upon  an  examination  into  the 
affairs  of  any  bank  or  for  other  good  cause,  shall  deem  it  unsafe 
for  the  public  interest  that  such  bank  shall  continue  to  issue  or  cir- 
culate its  bills  or  notes,  or  if  any  bank  shall  neglect  or  refuse  to 
submit  to  any  examination  by  them  or  either  of  them,  or  to  furnish 
the  necessary  facilities  for  such  examination,  they  shall  represent 
the  same  in  writing  signed  by  a  majority  of  them,  to  one  of  the 
justices  of  the  superior  court  of  judicature  ;  and  such  justice  shall 
forthwith  issue  an  injunction  to  the  president,  directors  and  com- 
pany of  said  bank,  prohibiting  them  from  issuing  any  bills  or 
transacting  any  business,  until  such  inpmction  shall  be  dissolved, 
and  said  commissioners  shall  cause  the  same  to  be  served  according 
to  law. 

Sec  28.  After  due  notice  and  a  full  hearing  of  the  said  corpora- 
tion upon  the  matters  aforesaid,  said  justice  may  dissolve,  modify 
or  make  perpetual  said  injunction,  and  may  make  such  fiu'ther 
orders  and  decrees  to  suspend,  restrain  or  prohibit  the  further  pro- 
secution of  the  business  of  such  corporation,  as  may  be  necessary 
according  to  the  course  of  proceedings  in  equity. 

Sec  29.  Said  commissioners,-  whenever  they  shall  deem  it  ne- 
cessary to  protect  the  public  against  the  proceedings  of  any  bank 
corporation,  shall  cause  the  attorney  general  by  instructions  in 
writing  to  that  etfect,  to  file  an  information  against  such  corporation 
for  the  purpose  of  vacating  its  charter,  at  the  next  term  of  the  coiu't 


CHAP.   140]  BANKS.  267 

of  common  pleas  to  be  holden  in  and  for  the  county  in  which  such 
bank  is  located ;  and  said  court  may  order  due  notice  to  be  given 
to  such  corporation,  to  appear  and  show  cause  why  the  charter  of 
such  bank  should  not  be  declared  forfeited,  and  said  court  or  the 
superior  comt  of  judicatm'e,  upon  the  transfer  of  said  proceedings 
thereto,  may  adjudge  said  charter  to  be  forfeited  and  void. 

Sec.  30.  If  the  president,  directors  and  company  of  any  bank 
shall  be  aggrieved  by  any  injunction,  they  may  apply  by  petition 
to  the  superior  com't  of  judicature  to  dissolve  the  same,  and  said 
court,  after  due  notice  to  the  bank  commissioners  and  a  full  hearing 
thereon,  may  dissolve,  modify,  continue  or  extend  the  same  as  equity 
may  require. 

Sec.  31.  If  said  commissioners  shall  deem  it  unsafe  for  the 
public  at  any  time,  that  any  bank  should  be  entrusted  with  the 
management  of  its  affairs,  or  if  any  bank  charter  shall  be  adjudged 
forfeited,  they  may  apply  by  petition  to  the  superior  court  of  judi- 
cature or  to  any  justice  thereof,  for  the  appointment  of  an  assignee 
or  assignees  to  take  possession  of  the  property  and  effects  of  said 
bank  ;  and  said  court  or  justice  may  appoint  an  assignee  or  assignees 
accordingly,  subject  to  such  rules  and  orders  as  may  from  time  to 
time  be  prescribed  by  said  court  or  some  justice  thereof. 

Sec  32.  Said  assignee  or  assignees  shall  take  possession  of  all 
the  estate,  property,  rights  and  credits  of  every  kind  and  description 
whatever  belonging  to  such  bank,  and  may  demand,  receive,  sue 
for  and  recover  the  same  wherever  they  may  be  found,  and  may 
require  the  officers  of  such  bank  or  any  person  having  any  of  said 
property,  to  execute  to  said  assignee  or  assignees  any  transfer  or 
conveyance  thereof,  and  may  collect  all  debts  due  and  make  sale 
and  conveyance  of  all  property  belonging  to  such  bank,  and  do  all 
other  acts  necessary  to  convert  the  assets  of  such  bank  into  money. 

Sec.  33.  Said  court,  or  any  justice  thereof  in  vacation,  may 
make  such  orders  as  shall  be  necessary  to  carry  such  assignment 
into  full  effect,  and  may  affix  such  penalties  for  the  disobedience 
thereof  as  may  be  thought  necessary. 

Sec  34.  Before  any  assignee  shall  enter  upon  the  discharge  of 
the  duties  of  his  appointment,  he  shall  file  in  said  court  a  good  and 
sufficient  bond  to  the  county  in  which  such  bank  is  located,  to  be 
approved  by  said  court  or  some  justice  thereof,  in  such  sum  as  said 
court  shall  order,  conditioned  among  other  things  faithfully  to  exe- 
cute all  the  duties  of  his  said  appointment,  and  to  render  to  said 
court  a  full  account  of  his  proceedings  therein,  and  to  comply  with 
the  orders  of  said  court. 

Sec  35.  Any  person  aggrieved  by  the  default  or  misconduct  of 
any  such  assignee,  in  the  execution  of  his  said  trust,  may  on  appli- 
cation to  said  court  for  that  purpose,  institute  a  suit  on  such  bond 
in  any  court  competent  to  try  the  same,  and  may  recover  the 
amount  of  the  damage  sustained  by  reason  of  such  default  or  mis- 
conduct. 


268  BANKS.  [title  XVll. 

Sec.  36.  All  the  assets  of  such  bank  shall  be  holden  in  trust, 
first,  to  pay  all  the  expenses  of  the  assignment  ;  secondly,  for  the 
payment  of  all  the  bills  issued  by  such  bank  pro  rata ;  thirdly,  for 
the  payment  of  all  other  debts,  claims  and  obligations  owing  by 
such  bank  ;  and  the  remainder  to  be  divided  among  the  stockhold- 
ers in  proportion  to  the  amount  of  stock  owned  by  each. 

Sec.  37.  Upon  the  application  of  said  commissioners,  said  court 
may  issue  an  injunction  restraining  all  proceedings  at  law  by  any 
creditor  against  such  bank,  at  any  stage  thereof,  and  may  order 
notice  to  be  published  in  such  manner  as  they  shall  direct,  requir- 
ing all  the  creditors  of  such  bank  to  exhibit  their  claims  within 
such  time  as  shall  be  directed,  and  in  default  thereof  to  be  pre- 
cluded from  the  benefit  of  any  distribution  of  the  effects  of  such 
bank,  according  to  the  provisions  of  this  chapter. 

Sec.  38.  Every  such  assignee  shall  receive  such  reasonable  com- 
pensation, for  his  expenses  and  services  in  the  execution  of  his 
said  trust,  as  said  court  shall  order. 

Sec.  39.  If  any  officer,  agent  or  clerk  of  any  bank  shall  make 
false  statements  or  false  entries  in  the  books  of  said  bank,  or  shall 
exhibit  false  papers  with  intent  to  deceive  said  commissioners  or 
either  of  them,  as  to  the  condition  of  such  bank,  he  shall  be  pun- 
ished by  fine  not  exceeding  one  thousand  dollars,  or  by  confine- 
ment to  hard  labor  for  a  term  not  exceeding  five  years. 

Sec.  40.  If  any  officer,  agent  or  servant  of  any  bank  shall  fraud- 
ulently convert  to  his  own  use  any  money,  bill,  note  or  security 
for  money,  evidence  of  debt,  or  any  other  effects  whatever  belong- 
ing to  such  bank,  he  shall  be  punished  by  fine  not  exceeding  two 
thousand  dollars,  and  by  confinement  to  hard  labor  not  exceeding 
five  years. 

Sec.  41.  If  any  officer,  agent  or  servant  of  any  bank,  being  en- 
trusted with  or  having  the  custody  of  any  money,  bill,  note,  secu- 
rity for  money,  evidence  of  debt  or  any  other  effects  whatever 
belonging  to  such  bank,  shall  contrary  to  his  duty  and  in  breach 
of  his  trust  knowingly  and  voluntarily  pay  or  deliver  any  such 
money,  bill,  note,  security  for  money,  evidence  of  debt  or  other 
eff"ects  to  any  person  or  to  the  order  of  any  person,  knowing  that 
such  person  is  not  entitled  to  receive  the  same,  he  shall  be  punished 
by  fine  not  exceeding  two  thousand  dollars,  and  by  confinement  to 
hard  labor  not  exceeding  five  years. 

Sec.  42.  No  person  shall  vote  on  any  bank  shares  at  any  bank 
meeting,  in  his  own  right,  without  first  making  oath  before  some 
justice  of  the  peace,  if  thereto  required  by  any  stockholder  at  such 
meeting,  that  he  is  the  absolute  and  bona  fide  owner  of  the  shares 
he  assumes  to  represent ;  nor  shall  any  person  vote  by  proxy  at 
any  such  meeting. 

Sec.  43.  No  cashier  of  any  bank  shall  be  indebted  to  such  bank 
as  principal  or  surety,  directly  or  indirectly  in  any  manner  what- 
ever, except  upon  his  official  bond. 


CHAP.  140.]  BANKS.  269 

Sec.  44.  If  any  director  of  any  bank  hi  this  State  shall  be  in- 
debted or  liable  to  such  bank  in  any  manner,  directly  or  indirectly, 
by  reason  of  any  note,  bond,  obligation,  promise  or  undertaking 
whatever,  to  a  greater  amount  at  one  time,  than  one  half  of  the 
stock  of  such  bank  owned  and  held  by  such  director,  exclusive  of 
shares  upon  which  such  bank  has  any  lien  or  claim  whatever,  or 
for  which  the  bank  holds  the  director's  stock  note,  he  shall  forfeit 
for  each  offence  double  the  amount  of  such  excess  of  indebtedness 
or  liability,  to  be  recovered  by  indictment,  one  half  to  the  use  of 
the  complainant  and  the  other  half  to  the  use  of  the  county ;  pro- 
vided, however,  that  no  loan  to  any  director  of  a  bank  shall  exceed 
in  all,  an  amount  greater  than  three  per  cent,  of  the  capital  stock 
of  such  bank  actually  paid  in  in  money  ;  and  provided  further, 
tliat  none  of  the  provisions  of  this  section  shall  be  so  construed  as 
to  prevent  the  directors  of  any  bank  from  negotiating,  through 
the  bank  of  which  he  is  a  director,  any  draft  or  inland  bill  of 
exchange. 

Sec.  45.  Every  promise  or  undertaking  made  by  any  director 
or  other  officer  of  any  bank,  to  indemnify  any  other  person  for  any 
liability  to  said  bank,  and  every  promise  or  undertaking  whereby 
such  director  or  other  officer  subjects  himself,  directly  or  indirectly, 
to  any  liability  to  such  bank  on  account  of  any  other  person,  shall 
be  wholly  unlawful  and  void. 

Sec.  46.  If  any  officer  of  any  bank  or  the  copartner  of  such 
officer  shall  receive,  directly  or  indirectly,  any  fee,  reward  or  com- 
pensation for  any  services  rendered  or  to  be  rendered,  in  or  about 
procuring  any  loan  or  discount  at  such  bank,  or  giving  security 
therefor,  or  indemnifying  or  securing  any  surety,  endorser  or  guar- 
antor of  any  note,  bill,  di-aft  or  other  instrument  discounted  at  or 
held  by  such  bank,  against  his  liability  thereon  or  by  reason  there- 
of, he  shall  forfeit  for  each  offence  one  hundred  dollars,  together 
with  three  times  the  amount  of  such  fee,  reward  or  comj)ensation, 
to  be  recovered  by  any  person  who  will  sue  therefor. 

Sec.  47.  The  attorney  general  and  solicitors  shall  prosecute  for 
all  offences  against  this  chapter,  which  shall  come  to  their  know- 
ledge. 

Sec.  48.  Whenever  any  bank  corporation  shall  forfeit  its  charter, 
the  attorney  general,  upon  receiving  satisfactory  evidence  thereof, 
shall  file  an  information  against  such  corporation,  at  any  term  of 
the  court  of  common  pleas  for  the  county  in  which  such  bank  is 
located,  for  the  purpose  of  vacating  such  charter,  in  the  manner 
provided  for  in  the  twenty-ninth  section  of  this  chapter ;  and  the 
court  of  common  pleas  and  superior  court  of  judicature  shall  have 
the  same  powers  in  relation  thereto,  as  in  cases  provided  for  in  said 
section. 


270 


SAVINGS    BANKS. 


[title    XVII. 


SAVINGS    BANKS. 

Sec.  49.  Any  one  or  more  of  the  bank  commissioners  whenever 
directed  by  the  governor,  shall  make  an  examination  of  all  the 
concerns  of  any  savings  bank,  and  make  report  of  the  condition 
thereof  and  of  its  solvency  or  insolvency  to  the  governor. 

Sec.  50.  Every  officer  of  such  savings  bank  when  required  by 
such  commissioner,  shall  exhibit  all  the  books  and  papers  of  such 
bank  in  his  possession  to  such  commissioner,  and  shall  answer 
under  oath  all  such  questions  relating  to  the  management  and  con- 
dition of  such  bank,  as  may  be  asked  by  such  commissioner,  and 
for  every  neglect  or  refusal,  shall  be  liable  in  the  same  manner  as  is 
herein-before  provided  for  the  like  neglect  or  refusal  in  the  case 
of  banks. 

Sec.  51.  Whenever  the  bank  commissioners  are  of  opinion  that 
any  savings  institution  is  not  managed  with  that  skill  or  honesty, 
which  the  interests  of  its  depositors  require,  they  shall  apply  forth- 
with by  petition  to  the  superior  court  of  judicature  or  to  any  jus- 
tice thereof,  who  may  issue  an  injunction  and  appoint  assignees, 
and  the  same  proceedings  shall  be  had,  and  the  same  powers  pos- 
sessed, as  is  herein-before  provided  in  case  of  banks. 


CHAPTER  141. 


OF  MANUFACTURING  CORPORATIONS. 


Section 

1.  Companies  established   since   July  6, 

1837,  how  regulated. 

2.  Affairs  of  corporation,  how  managed. 

3.  Directors,  choice  and  powers. 

4.  Clerk  and  treasurer,  choice  and  duties. 

5.  Agent  and  officers,  how  appointed. 

6.  Corporation  may  make  by-laws. 

7.  Capital  stock  limited  and  divided. 

8.  Certificates  of  shares. 

9.  Capital  stock,  how  increased. 

10.  Transfer  of  shares,  how  made. 

11.  Assessments  on  shares,  how  made. 
Sale  of  shares  for  non-payment  of  as- 
sessments. 

Mode  of  sale  in  such  case. 
Liability  of  stockholders  regulated. 


12 


Section 

15.  Certificate  of  capital  to  be  recorded. 

16.  If  capital  increased,  certificate  there- 

of to  be  recorded. 

17.  Officers  personally  liable  for  neglect. 

18.  Capital  reduced,  notice  given. 

19.  Liability    of    stockholders    in  such 

cases. 

20.  Statement  of  debts  to  be  made. 

21.  Dividend  made  when  corporation  in- 

solvent, directors  liable. 

22.  Loans  to  stockholders  forbidden. 

23.  Indebtedness  of  corporation  limited. 

24.  Directors    absent    or    objecting,  not 

liable. 

25.  False  certificate,  penally  for  making. 

26.  Suits  against  officers  regulated. 


CHAP.   141]  MANUFACTURING    COMPANIES. 


271 


Section 

27.  Property  of  stockholders,  how  taken. 
'23.  Creditors  may  have  a  bill  in  equity. 

29.  Stockholders  may  have  contribution. 

30.  Officer  liable  may  recover  of  com- 

pany. 


Section 

31.  List    of    stockholders    kept    in    this 

State. 

32.  Service  of  process,  how  made. 

33.  Leorislature  mav  examine  affairs. 


Section  1.  All  corporations  established  within  this  State  on  or 
after  July  6,  A.  D.  1837,  for  the  purpose  of  carrying  on  any  kind 
of  manufacture,  and  the  officers  and  stockholders  of  every  such 
corporation,  may  exercise  the  powers,  shall  be  governed  by  the 
provisions  and  be  subject  to  the  liabilities  in  this  chapter  con- 
tained. 

Sec.  2.  The  business  of  every  such  manufacturing  corporation 
shall  be  managed  by  the  directors  thereof,  and  such  officers  and 
agents  as  the  company  shall  appoint ;  and  every  such  company 
shall  liave  a  clerk  and  a  treasurer. 

Sec.  3.  The  directors  shall  not  be  less  than  three  in  number, 
and  shall  be  chosen  annually  by  the  stockholders  at  such  time  and 
place  within  this  State,  as  shall  be  provided  by  the  by-laws  of  the 
company,  and  shall  hold  their  offices  for  one  year  and  until  others 
are  chosen  and  qualified  in  their  stead  ;  and  one  of  the  directors 
shall  be  chosen  president  either  by  the  directors  or  by  the  com- 
pany, as  shall  be  directed  by  the  by-laws. 

Sec.  4.  The  clerk  and  treasurer  shall  also  be  chosen  annually 
by  the  stockholders  in  manner  aforesaid,  and  shall  hold  their  offices 
until  others  are  chosen  and  qualified  in  their  stead ;  the  clerk  shall 
be  sworn  to  the  faithful  discharge  of  his  duty,  and  shall  record  all 
the  votes  of  the  company  in  a  book  to  be  kept  for  that  purpose, 
and  perform  such  other  duties  as  shall  be  assigned  to  him  ;  and  the 
treasurer  shall  give  bond,  in  such  sum  and  with  such  sureties  as 
shall  be  required  by  the  by-laws,  for  the  faithful  discharge  of  his 
duty. 

Sec.  5.  All  other  agents  and  officers  of  the  company  shall  be 
chosen  and  appointed  in  such  manner  as  shall  be  directed  by  the 
by-laws. 

Sec.  6.  Every  such  company  may  make  by-laws  for  their  own 
regulation  and  government,  with  penalties  for  the  breach  theieof, 
not  exceeding  twenty  dollars ;  provided  that  such  by-laws  shall 
not  be  repugnant  to  the  laws  of  this  State. 

Sec.  7.  The  amount  of  the  capital  stock  of  any  manufacturing 
company  hereafter  incorporated,  shall  be  fixed  and  limited  by  the 
company,  and  shall  be  divided  into  shares  at  its  first  meeting,  and 
a  record  thereof  shall  be  made  by  the  clerk. 

Sec.  8.  The  shares  shall  be  numbered  in  progressive  order,  be- 
ginning at  number  one,  and  every  stockholder  shall  have  a  certifi- 
cate signed  by  the  treasurer,  certifying  his  property  in  such  shares. 

Sec.  9.  Every  such  company  may  at  any  meeting  called  for 
that  purpose,  increase  its  capital  stock  and  tlie  number  of  shares 


272  MANUFACTURING    COMPANIES.  [TITLE  XVII. 

therein ;  provided  that  the  stock  when  so  increased,  shall  not  ex- 
ceed the  amount  authorized  by  law. 

Sec.  10.  Any  shares  may  be  transfeiTed  by  the  proprietor  thereof 
by  a  deed  under  his  hand  and  seal,  and  recorded  by  the  clerk  of 
the  corporation  in  a  book  kept  for  that  purpose  ;  and  the  purchaser 
named  in  such  deed  so  recorded,  shall  on  producing  the  same  to 
the  treasurer  and  delivering  to  him  the  former  certificate,  be  enti- 
tled to  a  new  certificate. 

Sec.  11.  Every  such  company  may  from  time  to  time,  at  any 
legal  meeting  called  for  that  purpose,  assess  upon  each  share  such 
sums  of  money  as  the  company  shall  think  proper,  not  exceeding 
in  the  whole  the  amount  at  which  each  share  shall  have  been  origi- 
nally limited,  and  such  sums  assessed  shall  be  paid  to  the  treasu- 
rer, within  such  time  and  by  such  instalments  as  the  company  shall 
direct. 

Sec  12.  If  the  proprietor  of  any  share  shall  neglect  to  pay  any 
sum  duly  assessed  thereon,  for  the  space  of  thirty  days  after  the 
time  appointed  for  the  payment  thereof,  the  treasurer  of  the  com- 
pany may  sell  by  public  auction  a  sufficient  number  of  the  shares 
of  such  delinquent  proprietor,  to  pay  all  assessments  then  due  from 
him,  with  all  necessary  and  incidental  charges. 

Sec.  13.  The  treasurer  shall  give  notice  of  the  time  and  place 
appointed  for  such  sale,  and  of  the  sum  due  on  each  share,  by  ad- 
vertising the  same  three  weeks  successively  before  the  sale  in  some 
newspaper  printed  in  the  county  where  the  manufactory  is  estab- 
lished, if  any  is  printed  therein,  otherwise  in  some  adjoining  coun- 
ty ;  and  a  deed  of  the  shares  so  sold,  being  made  by  the  treasurer 
and  recorded  as  before  provided  in  this  chapter,  the  purchaser  shall 
be  entitled  to  a  certificate  therefor. 

Sec.  14.  All  the  members  of  every  manufacturing  company 
[incorporated]  on  or  after  the  6th  day  of  July,  1837,  shall  be  jointly 
and  severally  liable  for  all  debts  and  contracts  made  by  such  com- 
pany, until  the  whole  amount  of  the  capital  fixed  and  limited 
by  the  company  in  manner  aforesaid,  shall  have  been  paid  in,  and 
a  certificate  thereof  shall  have  been  made  and  recorded,  by  the 
town  clerk  of  the  town  where  such  manufactory  is  situated,  in  a 
book  by  him  kept  for  that  purpose. 

Sec  15.  The  president  and  directors,  with  the  treasurer  and 
clerk  of  each  of  the  companies  mentioned  in  this  chapter,  within 
thirty  days  after  the  payment  of  the  last  instalment  of  the  capital 
stock  so  fixed  and  limited  by  the  company,  shall  make  a  certificate 
stating  the  amount  of  the  capital  so  fixed  and  paid  in,  which  cer- 
tificate shall  be  signed  and  sworn  to  by  the  president,  treasurer  and 
clerk,  and  a  majority  of  the  directors;  and  they  shall,  within  the 
said  thirty  days,  cause  the  same  to  be  recorded  in  the  town  clerk's 
office  in  the  town  whereni  the  manufactory  is  established. 

Sec  16.  If  any  company  sliall  increase  their  capital  stock  as 
before  provided  in  this  chapter,  the  officers  mentioned  in  the  pre- 


CHAP.    141.]  MANUFACTURING    COMPANIES.  273 

ceding  section,  within  thirty  days  after  the  payment  of  the  last 
instahnent  of  such  additional  stock,  shall  make  a  certificate  of  the 
amount  so  added  and  paid  in,  and  sign  and  swear  to  the  same,  and 
cause  it  to  be  recorded  in  the  manner  provided  in  the  preceding 
section. 

Sec.  17.  If  any  of  the  said  officers  shall  refuse  or  neglect  to 
perform  the  duties  required  of  them  in  the  two  preceding  sections, 
they  shall  be  jointly  and  severally  liable  for  all  debts  of  the  com- 
pany contracted  after  the  expiration  of  the  said  thirty  days,  and 
before  such  certificate  shall  be  recorded  as  aforesaid. 

Sec.  18.  Every  such  company  may  by  vote,  at  any  meeting 
called  for  that  purpose,  reduce  its  capital  stock  ;  and  in  such  case  a 
certified  copy  of  the  vote  shall,  within  thirty  days  after  the  passing 
thereof,  be  recorded  in  the  town  clerk's  office  in  the  town  wherein 
the  manufactory  is  established  ;  and  in  default  thereof,  the  direc- 
tors of  the  company  shall  be  jointly  and  severally  liable  for  all 
debts  of  the  company  contracted  after  said  thirty  days,  and  before 
the  recording  of  the  copy  of  the  vote  as  aforesaid. 

Sec  19.  If  any  part  of  the  capital  stock  of  such  company  shall 
be  withdrawn  and  refunded  to  the  stockholders,  before  the  pay- 
ment of  all  the  debts  of  the  company  contracted  previously  to  the 
recording  of  the  copy  of  a  vote  for  that  purpose  in  the  town  clerk's 
office,  as  prescribed  in  the  preceding  sections,  such  of  the  stock- 
holders of  the  company  as  shall  vote  for  or  actually  receive  their 
share  of  the  capital  stock  so  withdrawn  or  refunded,  shall  be  joint- 
ly and  severally  liable  for  the  payment  of  the  said  last  mentioned 
debts. 

Sec  20.  Every  such  company  shall  give  notice  annually,  in  the 
first  week  of  May,  to  the  governor,  of  the  amount  of  all  assess- 
ments voted  by  the  company  and  actually  paid  in,  and  the  amount 
of  all  existing  debts  due  to  and  from  said  company,  and  the  value 
of  the  stock  and  goods  on  hand  and  unsold  so  far  as  the  same  can 
be  ascertained,  which  notice  shall  be  signed  by  the  president  and 
a  majority  of  the  directors  ;  and  if  any  such  company  shall  fail  so 
to  do,  all  the  stockholders  of  the  company  shall  be  jointly  and 
severally  liable  for  all  the  debts  of  the  company  then  existing,  and 
for  all  that  shall  be  contracted  before  such  notice  shall  be  given. 

Sec  21.  If  the  directors  of  any  such  company  shall  declare  and 
pay  any  dividend,  when  the  company  is  insolvent,  or  any  dividend 
the  payment  of  which  would  render  it  insolvent,  they  shall  be  joint- 
ly and  severally  liable  for  all  the  debts  of  the  company  then  ex- 
isting, and  for  all  that  shall  be  thereafter  contracted,  so  long  as  they 
shall  respectively  continue  in  office  ;  provided  that  the  amount  for 
which  they  shall  all  be  so  liable,  shall  not  exceed  the  amount  of 
such  dividend,  and  that  if  any  of  the  directors  shall  be  absent  at 
the  time  of  making  the  dividend,  or  shall  object  thereto  and  shall 
file  their  objection  in  writing  with  the  clerk  of  the  company,  who 
shall  record  the  same,  they  shall  be  exempted  from  the  said  liability. 
35 


274  MANUFACTURING    COMPANIES.  [tITLE  XVII. 

Sec.  22.  No  note  or  obligation  given  by  any  stockholder,  whe- 
ther secured  by  any  pledge  or  otherwise,  shall  be  considered  as  pay- 
ment of  any  part  of  the  capital  stock,  and  no  loan  of  money  shall 
be  made  by  any  such  company  to  any  stockholder  therein ;  and  if 
any  such  loan  shall  be  made  to  a  stockholder,  the  officers  who 
shall  make  it  or  who  shall  assent  thereto,  shall  be  jointly  and  seve- 
rally liable  to  the  extent  of  such  loan  and  interest,  for  all  the  debts 
of  the  company  contracted  before  the  payment  of  the  sum  so 
loaned. 

Sec.  23.  The  whole  amount  of  the  debts  which  any  such  com- 
pany shall  at  any  time  owe,  shall  not  exceed  the  amount  of  its 
capital  stock  actually  paid  in,  and  the  cost  of  its  stock  and  manu- 
factured goods  on  hand  and  unsold ;  and  in  case  of  any  excess  the 
directors  under  whoso  administration  it  shall  happen,  shall  be  joint- 
ly and  severally  liable  to  the  extent  of  such  excess,  for  all  the  debts 
of  the  company  then  existing,  and  for  all  that  shall  be  contracted 
so  long  as  they  shall  respectively  continue  in  office,  and  until  the 
debts  shall  be  reduced  to  the  said  amount  of  the  capital  stock. 

Sec.  24.  Any  of  the  directors  who  shall  be  absent  at  the  time  of 
contracting  any  debt,  contrary  to  the  foregoing  provisions,  or  who 
shall  object  thereto,  may  exempt  themselves  from  the  said  liability, 
by  forthwith  giving  notice  of  the  fact  to  the  stockholders  at  a 
meeting  Avhicli  they  may  call  for  that  purpose. 

Sec.  25.  If  any  certificate  made,  or  public  notice  given  by  the 
officers  of  any  manufacturing  company,  in  pursuance  of  the  provi- 
sions of  this  chapter,  shall  be  false  in  any  material  representation, 
all  the  officers  who  shall  have  signed  the  same,  knowing  it  to 
be  false,  shall  be  jointly  and  severally  liable  for  all  the  debts  of 
the  company,  contracted  while  they  were  stockholders  or  officers 
thereof. 

Sec.  26.  When  any  of  the  officers  of  any  manufacturing  com- 
pany shall  be  liable  by  the  provisions  of  this  chapter,  to  pay  the 
debts  of  such  company  or  any  part  thereof,  any  person  to  whom 
they  shall  be  so  liable,  may  have  an  action  on  the  case  against  any 
one  or  more  of  the  said  officers,  and  the  declaration  in  such  action 
shall  state  the  claims  against  the  company,  and  the  gromid  on  which 
the  plaintitf  expects  to  charge  the  defendant  personally ;  and  such 
action  may  be  brought  notwithstanding  the  pendency  of  an  action 
against  the  company,  for  the  recovery  of  the  same  claim  or  demand, 
and  both  of  the  said  actions  may  be  prosecuted  until  the  plaintiff 
shall  obtain  the  payment  of  his  debt  and  the  cost  of  both  actions. 

Sec.  27.  When  the  stockholders  of  any  manufacturing  company 
shall  be  liable  by  the  provisions  of  this  chapter,  to  pay  the  debts 
of  such  company  or  any  part  thereof,  their  property  may  be  taken 
therefor  on  any  writ  of  attachment  or  execution  issued  against  the 
company  for  such  debt,  in  the  same  manner  as  on  writs  and  execu- 
tions issued  against  them  for  their  individual  debts. 

Sec.  28.  When  any  of  the  said  officers  or  stockholders  are  liable, 


CHAP.    142.]  RAILROAD    CORrORATIONS.  275 

as  mentioned  in  the  two  preceding  sections,  for  the  debts  of  any- 
such  company,  the  person  to  whom  they  are  so  liable,  may  instead 
of  the  proceedings  mentioned  in  said  two  sections,  have  his  remedy 
against  the  said  officers  or  stockholders  by  a  bill  in  equity  in  the 
superior  court. 

Sec.  29.  Any  stockholder  who  shall,  whether  voluntarily  or  by 
compulsion,  pay  any  debt  of  the  company  for  which  he  is  made 
liable  by  the  provisions  of  this  chapter,  may  recover  the  amount  so 
paid  in  an  action  on  the  case  against  the  company,  in  which  action 
the  property  of  the  company  only  shall  be  liable  to  be  taken,  and 
not  the  property  of  any  stockholder  of  the  company  ;  or  the  person 
who  shall  have  so  paid  such  debt  of  the  company,  may  have  a  bill 
in  equity  in  the  superior  court  for  contribution  against  any  one  or 
more  of  the  stockholders  who  were  originally  liable  with  him  for 
the  payment  of  the  said  debts,  and  may  recover  against  each  of 
them  their  just  and  equitable  proportion  thereof. 

Sec.  30.  Any  officer  of  a  manufacturing  company,  who  shall 
pay  any  debt  of  the  company  for  which  he  is  made  liable  by  the 
provisions  of  this  chapter,  may  recover  the  amount  so  paid  in  an 
action  against  the  company  for  money  paid  for  their  use,  in  which 
action  the  property  of  the  company  only  shall  be  liable  to  be  taken, 
and  not  the  property  of  any  stockholder. 

Sec  31.  When  the  treasurer  of  any  manufacturing  company 
within  this  State  shall  not  be  resident  therein,  a  record  of  the 
ownership  of  the  shares  in  such  company  shall  be  kept  by  the  clerk 
thereof,  and  the  said  shares  shall  be  liable  to  attachment,  as  the 
property  of  the  person  or  persons  who  by  such  record  shall,  at  the 
time  of  the  attachment,  appear  to  be  the  owner  or  owners  thereof. 

Sec  32.  The  service  of  all  process  issuing  from  any  court  or 
civil  magistrate  in  this  State,  either  against  the  corporation  or  a 
stockholder,  if  made  upon  the  clerk,  shall  be  as  valid  to  all  intents 
and  purposes  as  if  made  on  the  treasurer. 

Sec  33.  The  proceedings  of  any  such  corporation  may  be  in- 
quired into  and  examined  at  any  time,  by  a  committee  appointed 
by  the  legislature  for  that  purpose,  at  the  expense  of  said  corpora- 
tion. 


CHAPTER  143. 

OF  RAILROAD  CORPORATIONS. 

Section  ^  j  Section 

1.  Land   for   railroad,    not   to  be    tiiken    3.  Land  may  bt<  purchased  adjoining  road. 

without  consent  of  owner.  4.  Bridges  or  gates  nt  road  crossings. 

2.  Guardian  may  sell  land,  when.  |  5.  If  not  made,  rails  may  l)c  taken  up. 


276 


RAILROAD    CORPORATIONS. 


[title  XVII. 


Section 

6.  Fences  on  railroads,  how  maintained. 

7.  Corporation   may  recover   of   person 

liable. 

8.  Damage  by  fire  or  steam,  liability. 


Section 

9.  Corporation  may  insure  against. 
10.  Corporation  may  contract  with   any 
other   corporation    for    transporta- 
tion. 


Section  1.  No  railroad  corporation  shall  take  any  land  for  the 
use  of  such  corporation,  without  the  consent  of  the  owner  thereof. 

Sec.  2.  When  the  lands  of  any  infant  or  other  person  under 
guardianship,  shall  be  necessary  for  the  construction  of  any  rail- 
road in  this  State,  the  guardian  of  such  infant  or  other  person  may 
sell  and  convey  such  land  or  any  right  therein,  so  far  as  the  same 
may  be  necessary,  to  the  corporation  for  whose  use  such  land  may 
be  required  for  such  railroad,  with  the  approbation  and  license  of 
the  judge  of  probate  for  the  county  in  which  such  guardianship  is 
instituted,  and  not  otherwise. 

Sec  3.  Any  railroad  corporation  may  purchase  and  hold  real 
estate  lying  near  to  or  adjoining  such  road,  and  may  convey  the 
same,  to  an  amount  not  exceeding  five  per  cent,  of  its  capital  stock. 

Sec.  4,  If  any  railroad  shall  intersect  or  cross  any  highway  in 
any  town  in  this  State,  such  town  may  at  any  legal  town  meeting 
direct  that  such  place  of  crossing  or  intersection  shall  be  secured  by 
a  bridge  over  said  road,  or  by  the  erection  of  gates  on  both  sides 
of  said  highway,  as  the  town  may  think  expedient. 

Sec  5.  If  after  due  notice  given  of  such  vote  to  the  clerk  of 
s'lch  railroad  corporation,  such  corporation  shall  neglect  for  the 
space  of  six  months  to  erect  and  complete,  to  the  satisfaction  of  the 
selectmen  of  such  town,  such  bridge  or  gates  according  to  the  vote 
of  the  town  as  aforesaid,  the  selectmen  may  remove  or  cause  to  be 
removed  the  rails  from  such  railroad  where  it  crosses  such  public 
highway,  and  no  engine  or  car  shall  be  permitted  to  run  across  such 
highway,  until  the  vote  of  the  town  shall  be  complied  with. 

Sec  6.  If  any  railroad  corporation  shall  neglect  to  keep  a  suffi- 
cient and  lawful  fence  on  each  side  of  their  road,  any  person  against 
whose  land  such  fence  is  insufficient,  may  notify  the  agent  of  such 
corporation  thereof,  and  if  such  fence  shall  not  be  made  sufficient 
within  twenty  days  after  such  notice,  the  owner  of  such  land  may 
make  or  repair  such  fence,  and  may  thereupon  recover  of  said  cor- 
poration in  an  action  of  assumpsit,  double  the  amount  necessarily 
expended  in  making  or  repairing  the  same  as  aforesaid  ;  provided, 
however,  that  the  foregoing  provisions  of  this  section  shall  not  ap- 
ply to  any  case,  where  such  corporation  shall  have  settled  with  and 
paid  the  owner  of  such  land  for  building  and  maintaining  such 
fence. 

Sec.  7.  If  any  person  having  been  thus  settled  with  and  paid  for 
keeping  any  such  fence  in  repair,  shall  neglect  so  to  do,  such  rail- 
road corporation  may  make  such  repairs  and  recover  the  necessary 
<•xpen.se  tiiereof  of  the  person  liable. 


CHAP.  143. 


COMMON    LAiNDS. 


277 


Sec.  8.  Every  railroad  corporation  shall  be  liable  for  all  damages 
which  shall  accrue  to  any  person  or  property  within  this  State,  by 
fire  or  steam  from  any  locomotive  or  other  engine  on  such  road. 

Sec.  9.  Every  such  corporation  shall  have  an  insurable  interest 
in  all  property  situated  on  the  line  of  such  road,  and  exposed  to 
damage  as  aforesaid,  and  may  effect  insurance  thereon  for  the  bene- 
fit of  such  corporation. 

Sec.  10.  Any  railroad  corporation  may  contract  with  any  other 
railroad  corporation,  for  the  transportation  of  freight  or  passengers, 
and  the  conducting  of  all  business  connected  therewith  on  their 
road. 


CHAPTEII  143. 


OF  THE  PROPRIETORS  OF  COMMON  LANDS. 


Section 

1.  Proprietors  may  make  by-laws. 

2.  Meetings,  where  to  be  holden. 

3.  Officers,  their  choice  and  duties. 

4.  "  where  to  reside. 

5.  Voting,  right  of,  regulated. 

6.  Assessments  may  be  made,  how. 

7.  Warrant  to  be  given  to  collector. 

8.  Notice  of  assessment,  how  given. 

9.  If  assessment  unpaid,  right  may  be 

sold. 

10.  Mode  of  sale  and  conveyance. 

11.  Sales,  where  to  be  made. 

12.  Share  of  delinquent  only  to  be  sold. 

13.  Redemption,  time  and  mode  of. 

14.  If  not  redeemed,  deed  to  be  given. 


Section 

15.  Ratification  of  grants  and  votes. 

16.  Clerk  to  furnish  copies  of  votes. 

17.  Proprietary  records  to  be  lodged  with 

town  clerk,  when. 

18.  If  concerning  two  towns,  to  be  lodg- 

ed in  the  oldest  town. 

19.  To  be  lodged  with  secretary,  when. 

20.  When  may  be  recalled  by  town. 

21 .  Penalty  for  wilfully  retaining  records. 

22.  Copies  of  records,  how  certified. 

23.  Effect  of  such  copies  as  evidence. 

24.  Fees  for  copies. 

25.  Penalty  for  neglect  to  make  copies. 

26.  Penalty  for  destroying  records. 

27.  Meetings  of  Masonian  proprietors. 


Section  1.  The  proprietors  of  common  lands  in  any  town  in 
this  State,  at  any  legal  meeting  thereof,  may  provide  a  mode  for 
calling  future  meetings,  choosing  officers,  laying  assessments  and 
transacting  all  other  business  concerning  such  propriety,  and  may 
establish  by-laws  therefor. 

Sec  2.  All  proprietary  meetings  and  adjournments  thereof,  for 
any  town  having  fifty  or  more  families  settled  and  resident  therein, 
shall  be  holden  in  such  town ;  and  for  all  towns  having  a  less  num- 
ber of  families  settled  therein,  in  the  nearest  town  in  the  same 
county  having  such  number,  or  in  the  shire  town  of  the  county. 

Sec  3.  At  any  legal  meeting  holden  for  that  purpose,  said  pro- 
prietors may  choose  a  clerk  and  treasurer,  and  such  other  officers 
as  they  shall  deem  necessary  to  manage  the  affairs  of  such  proprie- 
ty, and  prescribe   their  powers  and  duties,  which  officers  shall  be 


278  COMMON    LANDS.  [tITLE  XVII. 

sworn  to  the  faithful  discharge  of  their  respect  iv-^e  duties,  and  shall 
hold  such  oflices  until  others  are  duly  chosen  and  qualified  in  their 
stead. 

Sec.  4.  All  proprietary  officers  aforesaid  shall  be  inhabitants  of 
this  State,  and  if  any  such  officer  shall  cease  to  be  such  inhabitant, 
his  said  office  shall  thereupon  cease.  The  proprietors'  clerk  for 
each  town  liaving  fifty  or  more  families,  shall  reside  in  such  town. 

Sec.  5.  Each  proprietor  at  any  proprietary  meeting  shall  be  en- 
titled to  vote  upon  the  shares  by  him  held,  as  follows ;  for  two 
shares  or  less,  one  vote  each  ;  for  all  shares  not  exceeding  ten,  one 
vote  for  two  shares ;  for  every  four  shares  exceeding  ten  and  not 
exceeding  thirty,  one  vote ;  for  every  six  shares  exceeding  thirty 
and  not  exceeding  sixty,  one  vote  ;  and  for  every  eight  shares  ex- 
ceeding sixty,  one  vote.  If  two  or  more  persons  are  the  joint 
proprietors  of  one  or  more  shares,  they  or  any  one  of  them  may 
vote  according  to  their  interest  therein  in  the  same  manner. 

Sec.  6.  Said  proprietors  at  any  legal  meeting  may  vote  to  raise 
such  sum  of  money,  as  may  be  necessary  to  defray  all  proprietary 
charges,  and  choose  persons  to  assess  and  collect  the  same,  and  the. 
interest  and  estate  of  every  proprietor  in  all  the  lands  lying  in 
common  and  not  in  severalty,  shall  be  liable  to  pay  such  assess- 
ment. 

Sec.  7.  The  assessors  shall  apportion  such  assessment  among 
the  original  rights  of  the  proprietors  thereof,  and  commit  the  list 
thereof  to  the  collector  with  a  warrant  or  precept  under  seal  setting 
forth  his  duty,  the  time  for  completing  the  collection,  and  to  whom 
the  money  is  to  be  paid. 

Sec  8.  The  collector  shall  give  notice  of  such  assessments  and 
of  the  time  and  place  of  payment  thereof,  and  that,  if  the  same 
are  not  paid  accordingly,  the  money  will  be  levied  by  the  sale  of 
so  much  of  the  interest  and  property  of  each  delincjuent  proprietor, 
as  will  pay  the  same  and  all  expenses,  by  publishing  such  notice 
in  the  New  Hampshire  Patriot  and  State  Gazette  three  weeks  suc- 
cessively, the  last  publication  of  which  shall  be  fourteen  days  at 
least  before  the  day  fixed  therein  for  the  payment  of  such  assess- 
ments, and  by  posting  up  a  like  notice  in  the  town  or  place  wherein 
said  lands  lie,  (if  within  any  settled  town,)  five  weeks  at  least 
before  said  day  of  payment,  the  expense  of  which  shall  be  paid  by 
said  proprietors. 

Sec.  9.  If  such  assessment'  shall  not  be  paid  by  any  proprietor 
at  the  time  specified  in  such  notice,  the  collector  shall  advertise  for 
sale  so  much  of  the  delinquent  proprietor's  land  or  right,  as  will 
pay  said  assessment  and  all  incidental  expenses,  to  be  sold  at  public 
auction  to  the  highest  bidder  at  such  time  and  place  as  shall  be 
therein  specified,  by  publishing  the  notice  of  such  sale,  together 
with  the  name  of  the  proprietor  and  the  amount  of  the  assessment, 
in  the  newspaper  aforesaid,  three  weeks  successively,  the  last  publi- 
cation of  Avliich  sliall  be  seven  days  at  least  before  the  day  of  salc^ 


CHAP.   143.]  COMMON    LANDS.  279 

and  by  posting  up  a  like  advertisement  for  the  same  space  of  time 
in  the  town  wherein  said  land  lies,  if  such  town  is  settled. 

Sec.  10.  If  snch  assessment  and  all  incidental  charges  shall  not 
be  paid  at  or  before  the  time  of  sale,  the  collector  shall  proceed  to 
make  sale,  at  pnblic  anction,  of  so  much  of  said  delinquent's  land 
or  right  as  will  pay  the  same  and  incidental  charges  as  aforesaid. 

Sec.  11.  All  such  auctions  shall  be  holden  in  the  same  town  in 
which  the  proprietors'  meetings  are  required  to  be  holden  as  afore- 
said, and  shall  take  place  between  the  hours  of  ten  in  the  forenoon 
and  six  in  the  afternoon. 

Sec.  12.  If  more  than  one  person  is  interested  in  any  right  or 
share,  and  any  such  part  owner  shall  be  delinquent  in  the  payment 
of  any  assessment  as  aforesaid,  his  interest  in  such  right  or  share 
may  be  sold  in  the  manner  herein-before  provided. 

Sec.  13.  Each  proprietor  of  lands  or  rights  so  sold,  his  heirs  or 
any  person  interested  therein,  may  redeem  the  same  at  any  time 
within  one  year  from  the  sale  thereof  by  paying  or  tendering  to  the 
collector,  his  executor  or  administrator,  or  in  his  absence  at  the 
usual  place  of  abode  of  said  collector,  his  executor  or  administrator, 
a  sum  of  money  equal  to  such  assessment  and  the  incidental  charges 
of  such  sale,  and  twelve  per  cent,  per  annum  interest  thereon  from 
said  day  of  sale,  which  shall  be  for  the  benefit  of  the  purchaser. 

Sec.  14.  If  said  lands  or  rights  shall  not  be  redeemed  within 
one  year  from  said  day  of  sale  as  aforesaid,  the  collector  shall  exe- 
cute to  the  purchaser  thereof  a  good  and  valid  deed  of  conveyance 
thereof;  but  no  such  deed  shall  be  executed  until  the  time  of 
redemption  has  expired.  If  any  proprietors'  collector  shall  die, 
remove  from  the  State,  or  in  any  way  be  rendered  incapable  of 
completing  the  duty  of  his  said  office,  his  successors  respectively 
may  complete  the  same. 

Sec.  15.  Said  proprietors  at  any  legal  meeting  may  confirm, 
ratif}^  and  establish  any  grants,  conveyances,  votes  and  transactions 
by  them  designed  and  intended  to  be  made,  done,  performed  or  trans- 
acted agreeably  to  such  design,  intention  and  aim,  notwithstanding 
any  want  of  legal  form  or  proper  terms  or  any  defect  in  relation 
thereto. 

Sec.  16.  Every  proprietors'  clerk,  upon  payment  or  tender  of  the 
fees  therefor,  shall  furnish  to  any  person  applying,  a  true  and  at- 
tested copy  of  any  proprietary  record  in  his  possession. 

Sec.  17.  If  in  any  town  having  fifty  families  or  more  settled  there- 
in, there  is  no  clerk  of  the  proprietors  of  the  common  lands  lying 
in  such  town,  residing  therein,  the  town  clerk  thereof  shall  demand 
and  receive  the  proprietary  records  of  any  person  having  the  pos- 
session thereof,  and  shall  keep  the  same  with  the  records  of  such 
town,  and  any  person  having  possession  thereof  shall  deliver  the 
same  to  such  town  clerk. 

Sec.  is.  If  such  proprietary  records  relate  to  lands  lying  in  more 
towns  than  one,  they  shall  be  deposited  in  the  office  of  the  town 


280  COMMON    LANDS.  [TITLE    XVII. 

clerk  of  the  town  first  incorporated,  or  in  the  office  of  the  secretary 
of  state. 

Sec.  19.  When  the  propriety  of  any  town  in  this  State  is  dis- 
solved, or  when  the  meeting  of  the  proprietors  of  any  common  and 
undivided  lands  shall  be  dissolved  and  the  clerk  thereof  shall  resign, 
decease,  or  become  incapacitated,  any  person,  the  town  clerk  of 
any  town  having  fifty  or  more  families  excepted,  having  in  his  pos- 
session any  record  or  document  appertaining  to  such  propriety,  shall 
file  and  deposit  it  with  the  secretary  of  state  who  may  demand  and 
receive  the  same. 

Sec.  20.  Whenever  there  shall  be  fifty  families  in  any  such  town, 
and  such  town  shall  vote  that  the  town  clerk  shall  keep  such 
records  and  documents,  or  whenever  the  proprietors  shall  duly 
appoint  a  clerk  thereof,  the  secretary  shall  deliver  to  such  town 
clerk  or  proprietors'  clerk,  on  demand,  the  records  and  documents 
to  him  belonging,  taking  his  receipt  therefor. 

Sec.  21.  If  any  person  shall  wilfully  retain  or  keep  any  records 
or  documents  appertaining  to  the  propriety  of  any  common  and 
undivided  lands,  contrary  to  the  provisions  of  the  four  preceding 
sections,  he  shall  forfeit  for  each  offence  one  hundred  dollars,  to  the 
use  of  any  person  who  will  sue  therefor,  or  be  punished  by  fine  not 
exceeding  five  hundred  dollars. 

Sec  22.  While  the  records  and  documents  aforesaid  are  in  pos- 
session of  the  secretary  of  state,  or  of  any  town  clerk,  he  shall 
make  out,  certify  and  deliver  copies  of  any  part  thereof  when  there- 
to required,  upon  the  payment  or  tender  of  the  legal  fees  therefor. 

Sec.  23.  All  copies  of  the  records  and  documents  aforesaid, 
when  made  and  certified  as  aforesaid,  shall  be  as  effectual  to  all 
intents  and  purposes  as  copies  by  other  certifying  officers. 

Sec  24.  The  fees  for  any  copies  aforesaid  shall  be  the  same  as 
are  by  law  allov/ed  to  clerks  of  the  court  of  common  pleas  for 
copies. 

Sec  25.  If  the  secretary  of  state  or  any  town  or  proprietors' 
clerk  shall  refuse  or  neglect,  within  a  reasonable  time  after  the 
payment  or  tender  of  his  fees  therefor,  to  make  out,  certify  and 
deliver  to  any  person  a  copy  of  any  such  record  or  document  in 
his  possession,  he  shall  forfeit  one  hundred  dollars  to  any  person 
who  will  sue  therefor,  and  be  liable  for  all  damages  sustained  by 
such  neglect  or  refusal. 

Sec  26.  If  any  person  shall  wilfully  destroy  any  proprietary 
record  or  document,  or  shall  aid  therein,  or  shall  carry  or  aid  in 
carrying  any  such  record  or  document  out  of  this  State,  he  shall  be 
liable  for  damages  to  any  person  injured  thereby,  and  such  offence 
shall  be  a  misdemeanor  for  which  the  offender  may  be  indicted  and 
punished  accordingly. 

Sec  27.  The  owners  of  the  common  and  undivided  lands  in  this 
State  purchased  of  John  Tufton  Mason  deceased,  commonly  called 
the  Masonian  proprietors,  may  hold  their  proprietary  meetings  at 


CHAP.  144] 


RELIGIOUS    SOCIETIES. 


281 


Portsmouth  iii  this  State  for  transacting  any  business  relating  to 
said  propriety ;  and  all  votes,  acts  and  doings  of  said  proprietors  at 
such  meetings  passed,  done  or  transacted,  shall  be  as  valid  for  all 
purposes  as  if  passed,  done  or  transacted  at  a  meeting  duly  holden 
in  the  town  or  county  in  which  the  lands  to  which  such  votes, 
acts  or  doings  relate,  are  situated.  Such  meetings,  except  as  to 
the  place  of  holding  the  same,  shall  be  holden  agreeably  to  the 
provisions  of  the  laws  regulating  proprietors'  meetings. 


CHAPTER  144. 


OF  RELIGIOUS  SOCIETIES. 


Section 

1.  Religious  societies,  how  formed. 

2.  Powers  and  rights  of  such  society. 

3.  Society  may  make  by-laws. 

4.  Members  may  leave  at  pleasure. 

5.  Assessments  made  and  collected. 

6.  Parishes  may  appoint  agents. 

7.  Donations  to  unincorporated  society, 

how  holden. 

8.  Church  officers  may  take,  when 


Section 
9.  Ministers  of,  when  deemed  officers. 

10.  Minister  may  hold  parsonage. 

11.  Conveyance  by  society,  when  valid. 

12.  "  by  minister,  when  valid. 

13.  Committee,  their  choice  and  powers. 

14.  Income  of  property  limited. 

15.  Society   of  Friends,   property    how 

held  by. 


Section  1.  Any  persons  may  associate  themselves  together  by 
written  articles  signed  by  each  member,  form  a  religious  society, 
assume  a  corporate  name,  and  choose  a  clerk  who  shall  be  duly 
sworn  ;  and  having  recorded  their  proceedings,  name  and  intentions 
in  a  book  of  records  to  be  kept  by  said  clerk,  and  having  published 
the  same  in  some  newspaper,  if  any  there  be,  in  the  county  in 
which  such  society  is  formed,  otherwise  in  some  adjoining  county, 
they  shall  be  constituted  and  become  a  body  politic  and  corporate. 

Sec.  2.  Such  corporation  shall  possess  and  enjoy  all  the  powers, 
privileges  and  immunities,  and  shall  be  subject  to  all  the  liabilities 
incident  to  corporations  of  a  similar  nature ;  may  take,  hold  and 
possess  by  purchase,  gift,  grant,  devise  or  otherwise,  any  real  or 
personal  estate  for  the  purpose  of  erecting  and  keeping  in  repair  a 
house  of  public  worship,  a  parsonage  house  and  other  buildings 
necessarily  connected  therewith,  and  for  supporting  the  ministry  in 
such  society  ;  and  may  improve,  sell,  convey  and  dispose  of  the 
same  for  the  sole  use  and  benefit  of  such  society ;  provided  that 
the  annual  value  or  income  of  all  the  estate  of  such  society  shall 
not  exceed  two  thousand  dollars. 

Sec  3.  Such  society  may  have  and  use  a  common  seal,  and  may 
alter  and  renew  the  same  at  pleasure ;  may  provide  for  the  calling 
and  holding  of  meetings  and  the  admission  of  members ;  may 
3G 


282  RELIGIOUS    SOCIETIES.  [TITLE  XVII. 

choose  all  necessary  officers  and  prescribe  their  duties,  and  make 
all  by-laws  and  regulations,  not  repugnant  to  the  laws  of  this  State, 
which  may  be  deemed  necessary  or  expedient  for  the  due  govern- 
ment of  such  society,  and  the  jiroper  management  of  its  funds. 

Sec.  4.  No  person  shall  be  compelled  to  join  or  support  any  such 
society,  without  his  express  consent  first  had  and  obtained,  and 
any  person  may  separate  from  any  such  society,  by  leaving  with 
the  clerk  thereof  a  written  notice  by  him  signed,  of  his  intention 
so  to  separate,  and  paying  all  legal  assessments  and  arrearages  from 
him  then  due  to  such  society. 

Sec.  5.  Such  society,  at  any  legal  meeting  notified  and  holden 
for  that  purpose,  may  assess  and  raise  money  by  taxes  upon  the 
polls  and  ratable  estates  of  the  members  thereof,  and  may  collect 
and  appropriate  the  same  for  the  purposes  aforesaid,  and  the  assess- 
ors and  collectors,  in  assessing  and  collecting  any  such  tax,  shall 
have  the  same  powers  and  be  subject  to  the  same  penalties  as  sim- 
ilar town  officers  in  like  cases. 

Sec.  6.  The  members  of  every  parish  and  religious  society  may 
by  vote  appoint  one  or  more  agents  or  attorneys,  to  appear  for  and 
represent  them  in  any  suit  at  law,  and  upon  any  other  occasion. 

Sec  7.  In  case  any  donation,  gift  or  grant  shall  be  made  to  any 
unincorporated  religious  society,  such  society  shall  have  the  like 
power  to  manage,  use  and  employ  the  same,  according  to  the  terms 
and  conditions  on  which  the  same  may  be  made,  as  incorporated 
societies  now  have  or  may  hereafter  have  by  law  ;  to  elect  suitable 
trustees,  agents  or  officers  therefor  ;  and  to  prosecute  and  sue  for 
any  right  which  may  vest  in  them  in  consequence  of  such  dona- 
tion, gift  or  grant;  and  such  society  shall  be  a  corporation,  so  far 
as  may  be  necessary  for  the  purposes  expressed  in  this  section  ; 
provided  that  the  income  of  the  donations,  gifts  or  grants  to  any 
one  of  such  unincorporated  religious  societies,  shall  not  exceed  the 
sum  of  two  thousand  dollars  a  year. 

Sec.  8.  The  trustees,  deacons,  church  wardens  or  other  similar 
officers  of  all  churches  or  religious  societies,  if  citizens  of  the  United 
States,  shall  be  deemed  bodies  corporate  for  the  purposes  of  taking 
and  holding,  in  succession,  all  grants  and  donations,  whether  of 
real  or  personal  estate,  made  either  to  them  and  their  successors,  or 
to  their  respective  churches,  or  to  the  poor  of  their  churches. 

Sec  9.  In  all  cases  where  the  ministers,  elders  or  vestry  of  any 
church  shall,  in  the  grants  and  donations  mentioned  in  the  pre- 
ceding section,  hav^e  been  joined  witli  such  deacons  or  church 
wardens,  as  donees  or  grantees,  such  officers  and  their  successors, 
together  with  the  deacons  or  church  wardens,  shall  be  deemed  the 
corporation  for  the  purposes  of  such  grants  and  donations. 

Sec  10.  The  minister  of  every  church  or  religious  society  of 
whatever  denomination,  if  a  citizen  of  the  United  States,  shall  be 
capable  of  taking  in  succession  any  parsonage  land  granted  to  the 
minister  and  his  successors,  or  to  the  use  of  the  ministers,  or  grant- 


CHAP.   145.] 


VOLUNTARY    ASSOCIATIONS, 


283 


ed  by  any  words  of  the  like  import,  and  may  prosecute  and  defend 
in  all  actions  touching  the  same. 

Sec.  11.  No  conveyance  of  the  lands  of  any  church  shall  be 
effectual  to  pass  the  same,  if  made  by  the  trustees  or  deacons  with- 
out the  consent  of  the  church  or  of  a  committee  of  the  church  ap- 
pointed for  that  purpose,  or  if  made  by  the  church  wardens,  without 
the  consent  of  the  vestry. 

Sec.  12.  No  conveyance  made  by  any  minister  of  lands  held  by 
him  in  succession,  shall  be  valid  any  longer  than  he  shall  continue 
to  be  such  minister,  unless  such  conveyance  shall  be  made  with 
the  consent  of  the  town,  parish  or  religious  society  of  which  he  is 
minister,  or  unless  he  be  a  minister  of  an  episcopal  church  and 
shall  make  the  conveyance  with  the  consent  of  the  vestry. 

Sec.  13.  The  several  churches  other  than  those  of  the  episcopal 
denomination,  are  authorized  to  choose  committees  for  the  purpose 
of  settling  the  accounts  of  the  trustees,  deacons  and  other  church 
officers,  and,  if  necessary,  to  commence  and  prosecute  any  suits  in 
the  name  of  the  church  against  the  said  trustees,  deacons  or  other 
officers,  touching  the  same. 

Sec  14.  The  income  of  any  such  grant  or  donation  made  to  or 
for  the  use  of  any  church,  shall  not  exceed  the  sum  of  two  thou- 
sand dollars  a  year.,  exclusive  of  the  income  of  any  parsonage  lands 
granted  to  or  for  the  use  of  the  ministry. 

Sec  15.  The  overseers  of  each  monthly  meeting  of  the  people 
called  Friends  or  (Quakers,  shall  be  a  body  corporate  for  the  pur- 
pose of  taking  and  holding  in  succession,  all  grants  and  donations 
of  real  or  personal  estate  made  to  the  use  of  such  meeting,  or  to 
the  use  of  any  preparative  meeting  belonging  thereto,  and  to  alien 
or  manage  such  real  and  personal  estate  according  to  the  terms  and 
conditions  of  the  grants  and  donations,  and  to  prosecute  and  defend 
in  any  action  touching  the  same ;  provided  that  the  income  of  the 
grants  and  donations  to  any  one  of  such  meetings,  for  the  uses 
aforesaid,  shall  not  exceed  the  sum  of  five  thousand  dollars  a  year. 


CHAPTEK  145. 


OF  VOLUNTARY  ASSOCIATIONS. 


Section 

1.  Voluntary  associations,  for  what  pur- 

poses may  be  formed. 

2.  Voluntary  association,  how  formed. 

3.  Meetings,  how  called  and  holden. 

4.  Name  of  association  assumed. 

5.  Notice  thereof  to  be  published. 

6.  By-laws,  how  adopted. 


Section 

7.  Powers  of  such  associations. 

8.  Property  of  association  limited. 

9.  Money  raised  as  agreed  upon. 

10.  Stock  may  be  divided  into  shares. 

11.  Assessments, how  made  and  collected. 

12.  Records,  how  kept  and  used. 

13.  Members  personally  liable. 


284  VOLUiMARY    ASSOCIATIOiNS.  [XITLE  XVII. 

Section  1.  Any  persons  may  voluntarily  associate  themselves 
together,  and  have  all  the  powers  of  a  corporation,  for  either  of  the 
following  purposes : 

First,  To  establish  and  maintain  literary  and  scientific  institu- 
tions ; 

Second,  To  promote  knowledge  and  skill  among  the  members 
by  the  establishment  of  a  library,  lyceum,  musical,  agricultural, 
literary  or  scientific  association  ; 

Third,  To  supply  any  place  with  water  by  means  of  an  aque- 
duct ; 

Fourth,  To  organize  a  fire  engine  company  or  a  mutual  fire 
insurance  company  ; 

Fifth,  To  provide,  hold  and  keep  in  repair  suitable  grounds  and 
other  conveniences  for  the  burial  of  the  dead,  or  for  a  public  walk 
or  common. 

Sec  2.  Every  such  association  shall  be  formed  by  written  arti- 
cles specifying  the  objects  of  the  association,  and  the  conditions  on 
which  it  is  formed,  and  subscribed  by  each  member  thereof. 

Sec.  3.  The  first  meeting  shall  be  notified,  organized  and  hold- 
en  in  the  manner  prescribed  in  the  articles  of  association. 

Sec.  4.  Any  such  association  may  adopt  a  corporate  name,  either 
in  the  original  articles  or  by  vote  at  the  first  meeting  thereof,  and 
may  at  any  regular  meeting  adopt  a  corporate  seal,  and  alter  the 
same  at  pleasure. 

Sec.  5.  Every  such  corporation  shall  give  public  notice  of  its 
formation,  name  and  object,  by  publishing  such  notice  three  weeks 
successively  in  some  newspaper  printed  in  the  county  in  which 
such  association  is  formed,  or  if  no  paper  is  published  in  such 
county,  then  in  some  adjoining  comity,  and  also  by  posting  a  like 
notice  in  one  or  more  public  places  in  the  town  in  which  such 
association  is  formed  and  located. 

Sec.  6.  Any  such  corporation  when  organized,  may  adopt  all 
such  by-laws  and  regulations  as  may  be  thought  expedient,  not 
repugnant  to  the  laws  of  this  State  : 

First,  To  regulate  the  mode  of  notifying,  and  the  times  and 
places  of  holding  the  meetings  thereof; 

Second,  To  regulate  the  number  of  officers  of  the  corporation, 
their  powers  and  duties,  and  the  mode  of  choosing  them ; 

Third,  To  provide  the  mode  of  admitting  and  discharging  mem- 
bers ; 

Fourth,  To  provide  for  the  laying  of  assessments,  and  for  sell- 
ing or  forfeiting  the  rights  or  shares  of  members  for  the  non-pay- 
ment thereof: 

Fifth,  And  all  other  by-laws  and  regulations  necessary  in  promo- 
ting the  object  of  the  association. 

Sec.  7.  Every  such  corporation,  when  organized,  may  sue  and 
be  sued,  may  appear,  prosecute  and  defend  to  final  judgment  and 
execution   in  any  court,   and    may   purchase  and  hold,   lease   or 


CHAP.   MG]      CORPORATIONS  —  GENERAL    PROVISIONS. 


285 


convey  real  or  personal  estate  necessary  to  promote  the  objects  of 
the  association,  and  which  shall  be  devoted  exclusively  to  such 
object. 

Sec.  8.  Tlie  annual  value  or  income  of  the  property  of  any 
such  corporation  shall  not  exceed  at  any  time  the  amomit  of  one 
thousand  dollars. 

Sec.  9.  Any  such  corporation  may  raise  money  of  its  members 
in  any  manner  agreed  upon  by  the  articles  of  association. 

Sec.  10.  Such  corporations  may  by  their  articles  of  association 
or  by-laws,  or  by  vote,  divide  their  stock  or  corporate  property  into 
shares,  and  determine  the  terms  on  which,  and  the  manner  in 
which  such  shares  shall  be  holden  and  conveyed. 

Sec.  11.  When  the  stock  or  corporate  property  shall  be  so  divi- 
ded into  shares,  any  such  corporation  at  any  legal  meeting  notified 
for  that  purpose,  may  raise  money  by  assessment  on  the  shares  or 
rights  of  the  members  in  proportion  to  their  several  interests,  and 
the  payment  of  such  assessments  may  be  enforced  by  the  sale  or 
forfeiture  of  the  estate  of  any  member  in  such  corporation,  in  such 
manner  as  the  corporation  may  provide,  but  no  other  estate  of  such 
member  shall  be  liable  therefor. 

Sec.  12.  The  clerk  or  secretary  of  every  such  corporation  shall 
keep  a  fair  record  of  all  the  proceedings  of  such  corporation,  in  a 
book  provided  for  that  purpose  ;  and  such  records  may  be  read  in 
evidence  in  any  court  in  any  case  where  the  interests  of  such  cor- 
poration are  concerned. 

Sec  13.  Every  member  of  such  corporation  shall  be  personally 
liable  for  the  debts  thereof  lawfully  contracted,  and  may  have  con- 
tribution from  the  other  members  thereof  for  all  payments  so  made 
by  him  on  account  of  the  corporation,  either  by  action  for  money 
paid  or  by  a  bill  in  equity  at  his  election. 


GENERAL  PROVISIONS  RESPECTING  CORPORATIONS. 


Section 

1.  Liability  of  stockholders. 

2.  Actions,  how  to  be  brought. 

3.  Demand  of  payment  to  be  made. 

4.  Form  of  declaration. 

.5.  Stockholders  to  have  contribution. 

6.  List  of  stockholders  to  be  lodged  with 

town  clerk. 

7.  Transfer  of  stock,  when  valid  to  re- 

lease personal  liability. 

8.  Duties  and  fees  of  town  clerk. 


Section 

9.  Such  record  or  copy,  when  evidence. 

10.  Penalty  for  neglect  to  lodge  list. 

11.  Loss  of  meeting,  how  supplied. 

12.  Mode  of  calling  new  meeting. 

13.  Clerk  and   cashier  to  be  inhabitants 

of  State,  and  to  be  sworn. 

14.  Number  of  directors  fixed;  cashier 

not  to  be  director. 

15.  Records  to  be  open  to  inspection. 

16.  Copies  of  records  to  be  furnished. 


286 


CORPORATIONS GENERAL    PROVISIONS.    [TITLE  XVII. 


Section 

17.  Fees  of  clerk  for  copies. 

18.  Bank  debts  and  credits  examined. 

19.  Penalty  for  neglect  to  furnish  copy. 

20.  Voting  by  proxy  regulated. 

21.  Penalty  for  fraudulent  voting. 

22.  Administrators,  guardians,  «&c.,  their 

rights  and  liabilities. 


Section 

23.  Charter  expiring,  three  years  allowed 

to  wind  up  business. 

24.  Annual  meeting  may  be  changed. 

25.  Penalty  on  officers  for  wilful  viola- 

tions of  law. 

26.  Charters  amendable  by  legislature. 

27.  When  this  chapter  takes  effect. 


Section  1.  In  addition  to  the  liabilities  of  incorporated  compa- 
nies in  their  corporate  capacity,  the  stockholders  of  any  such 
company  having  for  its  object  a  dividend  of  profits  among  its 
stockholders,  which  shall  hereafter  be  incorporated  or  have  its 
charter  renewed,  and  the  stockholders  of  any  such  company 
heretofore  incorporated,  whose  charter  is  by  law  subject  to  altera- 
tion, amendment  or  repeal,  shall  be  personally  holden  to  pay  the 
debts  and  civil  liabilities  of  such  company  hereafter  contracted  or 
incurred,  in  the  same  manner  and  to  the  same  extent  as  though  the 
stock  were  owned,  and  the  business  transacted  by  the  stockholders 
as  unincorporated  copartners,  subject  however  to  the  exceptions  and 
modifications  hereinafter  provided  for. 

Sec.  2.  Proper  actions  of  debt  or  assumpsit,  for  the  collection 
of  such  debts  or  liabilities,  may  be  commenced  and  prosecuted 
against  any  one  or  more  of  said  stockholders,  and  such  actions  shall 
not  be  abated  for  the  reason  that  the  other  stockholders  are  not 
joined  as  defendants  in  such  suits. 

Sec.  3.  No  suit  against  any  stockholder,  for  the  collection  of 
any  such  debt  or  liability,  shall  be  commenced  until  after  a  legal 
demand  of  payment  thereof  shall  have  been  made  upon  the  com- 
pany ;  and  upon  such  demand  being  made,  if  the  oflicers  or  stock- 
holders of  such  company  shall  discharge  such  debt  or  liability,  or 
expose  unincumbered  personal  property  of  such  company,  liable  to 
attachment,  sufficient  to  satisfy  such  debt  or  liability  and  costs,  so 
that  the  same  may  be  attached  in  a  suit  against  such  company  for 
the  security  of  such  debt  or  liability,  then  no  suit  shall  be  sustain- 
ed thereon  against  the  stockholders :  and  whenever  the  officers 
or  stockholders  of  any  such  company  upon  which  such  demand 
shall  have  been  made,  shall  not  satisfy  such  debt  or  liability  or  ex- 
pose such  property  as  aforesaid,  it  shall  be  the  duty  of  such  officers 
forthwith  to  call  a  meeting  of  the  stockholders  of  such  company, 
and  such  company  when  so  met  shall  provide  means  for  the  pay- 
ment of  such  debt  or  liability,  either  by  assessments  upon  the  stock- 
holders or  otherwise,  within  sixty  days  from  the  time  when  such 
demand  was  made ;  and  if  such  debt  or  liability  shall  not  be  dis- 
charged within  said  sixty  days,  a  suit  may  be  sustained  against  the 
stockholders  as  is  provided  in  the  preceding  section  ;  and  if  the 
officer  or  officers  whose  duty  it  may  be  to  call  such  meeting,  shall 
unreasonably  neglect  to  call  the  same,  they  shall  severally  forfeit 


CHAP.    146]       CORPORATIONS GENERAL    PROVISIONS.  287 

the  sum  of  one  thousand  dollars,  to  be  recovered  in  au  action  of 
debt  by  any  person  injured  thereby. 

Sec.  4.  When  any  action  shall  be  commenced  against  the  stock- 
holders of  any  bank,  for  recovering  the  amount  of  any  bank  bills 
issued  by  such  bank,  a  declaration  may  be  so  framed  as  to  embrace 
in  the  same  count  any  number  of  such  bills  ;  and  averments  that 
such  bills  issued  from  and  were  put  in  circulation  by  such  bank, 
and  that  the  plaintiff  was,  prior  to  and  at  the  time  of  the  demands 
of  payment  above  required,  and  still  is  the  holder  of  the  same,  and 
a  general  statement  of  the  denominations  of  such  bills,  giving  the 
number  of  bills  of  each  denomination,  shall  be  a  sufficient  setting 
forth  in  the  declaration  of  the  liability  of  the  bank  to  pay  or 
redeem  such  bills,  and  a  sufficient  description  of  the  bills  ;  and  one 
suit  only  shall  be  commenced  by  any  person  against  any  stock- 
holder, for  recovering  the  amount  of  all  the  bills  holden  by  him 
at  the  time  of  commencing  any  such  suit ;  and  the  stockholders  so 
sued  may  be  described  in  the  writ  or  declaration  as  stockholders  of 
such  bank,  and  by  their  names  and  places  of  residence,  which  shall 
be  sufficient  without  any  further  description  or  addition  whatever. 

Sec.  5.  When  any  stockholder  of  such  company  shall  have 
voluntarily  paid  any  such  debt  or  liability,  after  such  demands,  or 
when  any  such  stockholder  shall  have  been  compelled  by  suit  to 
pay  any  such  debt  or  liability  out  of  his  own  private  property,  he 
may  have  contribution  from  the  other  stockholders  of  such  com- 
pany for  all  payments  so  made  by  him,  either  by  action  for  money 
paid,  laid  out  and  expended,  or  by  a  bill  in  equity  at  his  election. 

Sec.  6.  Every  such  company  hereafter  created,  within  five  days 
from  the  time  when  it  shall  be  organized  for  business,  shall  cause 
to  be  delivered  to  the  town  clerk  of  the  town  in  which  the  com- 
pany has  its  principal  place  of  business,  or  left  at  his  dwelling 
house  a  list  of  the  names  and  places  of  residence  of  all  its  stock- 
holders, the  number  of  shares  owned  by  each,  and  the  amount  of 
capital  actually  paid  in,  in  cash,  by  each  stockholder,  certified  under 
oath  by  the  cashier,  clerk  or  one  of  the  directors  of  the  company 
to  be  a  full  and  correct  list  thereof. 

Sec.  7.  From  and  after  the  time  in  which  such  list  is  required 
to  be  so  left,  no  sale,  transfer  or  assignment  by  any  stockholder  of 
his  stock,  shares  or  interest  in  the  capital  of  such  company,  shall 
be  good  and  effectual  for  the  purpose  of  exonerating  him  from  his 
personal  responsibility,  for  the  debts  and  liabilities  of  such  com- 
pany afterwards  contracted  or  incurred,  unless  the  same  be  in  wri- 
ting and  recorded  in  the  office  of  the  town  clerk  of  the  town  in 
which  such  principal  place  of  business  is  located. 

Sec  8.  It  shall  be  the  duty  of  every  such  town  clerk  to  record 
and  keep  on  file  all  such  lists,  and  to  record  all  deeds  and  instru- 
ments of  sale,  transfer  and  assignment  of  such  stock,  shares  or 
interest,  which  may  come  to  his  hands  for  that  purpose,  for  which 
service  he  shall  be  entitled  to   receive  from  the  person  or  corpora- 


288  CORPORATIONS GENERAL    PROVISIONS.    [tITLE  XVII. 

tion  requiring  the  service  to  be  performed,  the  same  fees  allowed 
by  law  for  recording  mortgages  of  personal  property. 

Sec.  9.  The  record  made  as  aforesaid  of  aiiy  such  list,  deed  or 
instrument,  or  a  copy  thereof  certified  by  the  town  clerk  of  the 
town  in  which  the  same  is  recorded,  shall  be  evidence  in  any  action 
brought  by  the  creditors  of  any  such  company  against  its  stock- 
holders, agreeably  to  the  provisions  of  this  chapter. 

Sec.  10.  If  any  such  company  shall  neglect  to  deliver,  or  cause 
to  be  delivered  or  left  as  aforesaid,  the  list  or  lists  aforesaid,  the 
company  so  neglecting  shall  forfeit  for  each  day  it  shall  so  neglect, 
the  sum  of  ten  dollars,  to  be  recovered  by  any  person  who  will 
sue  for  the  same. 

Sec.  11.  If  any  corporation  other  than  a  town  shall  fail  to  hold 
its  annual  meeting,  or  if  no  mode  of  calling  a  special  meeting  of  such 
body  politic  or  corporate  is  prescribed,  the  owner  or  owners  of  one 
twentieth  part  of  the  stock  or  property  thereof,  may  apply  in  wri- 
ting to  any  justice  of  the  peace,  which  application  shall  state  the 
time,  place  and  purposes  of  such  meeting,  to  call  a  meeting  of  the 
members  of  said  corporation. 

Sec.  12.  Such  justice  shall  thereupon  issue  his  warrant  directed 
to  any  one  of  said  applicants,  requiring  him  to  warn  a  meeting  of 
such  corporation,  to  meet  at  the  time  and  place  and  for  the  pur- 
poses mentioned  in  such  application,  by  publishing  a  copy  of  such 
ajjplication  and  warrant  fourteen  days,  in  the  same  manner  as  is 
provided  for  warning  the  annual  meeting  of  said  corporation,  and 
such  meeting  and  all  business  done  thereat,  shall  be  as  valid  as  if 
held  and  done  according  to  the  charter  and  by-laws  of  such  body 
corporate. 

Sec  13.  No  person  shall  be  eligible  to  the  ofllce  of  clerk  or 
cashier  of  any  corporation,  unless  he  is  an  inhabitant  of  this  State, 
and  every  such  clerk  or  cashier  shall  be  sworn  to  the  faithful  dis- 
charge of  his  duties. 

Sec.  14.  The  directors  of  any  banking  or  railroad  company 
shall  not  be  less  than  five  in  number,  and  no  cashier  of  any  bank 
shall  at  the  same  time  be  a  director  thereof. 

Sec.  15.  The  books  of  records  of  the  votes  and  proceedings  of 
any  corporation  in  this  State,  including  the  books  of  the  credits 
and  debts  of  any  bank  and  of  the  })roceedings  of  the  directors 
thereof,  and  also  all  evidences  of  debts  due  such  bank,  shall  be 
subject  to  the  inspection  of  every  member  or  stockholder. 

Sec.  16.  The  clerk  of  any  corporation,  when  required  by  any 
member  or  stockholder,  or  any  creditor  thereof  whose  demand  is 
due,  on  payment  or  tender  of  the  fees  therefor,  shall  furnish  a  cer- 
tified copy  of  any  vote  or  record  of  such  corporation  which  may  be 
demanded. 

Sec.  17.  The  fees  for  all  copies  furnished  as  aforesaid,  shall  be 
the  same  as  are  allowed  to  clerks  of  courts  for  making  and  certify- 
ing copies  of  records. 


CHAP.   146]        CORPORATIONS  —  GENERAL    PROVISIONS,  289 

Sec.  18.  The  stockholders  of  any  bank,  at  any  legal  meeting  foi 
that  purpose,  may  give  to  any  person  the  right  of  inspecting  the 
books  of  the  debts  and  credits,  or  of  the  proceedings  of  the  direct- 
ors of  such  bank,  and  of  demanding  copies  thereof. 

Sec.  19.  If  any  clerk  of  any  corporation  after  a  demand  of  a 
copy  of  any  record  aforesaid,  and  the  payment  or  tender  of  the 
fees  therefor,  shall  neglect  or  refuse  for  the  space  of  seven  days  to 
fiu-nish  such  copy,  he  shall  forfeit  for  such  offence  a  sum  not  ex- 
ceeding one  thousand  dollars,  to  any  member,  stockholder  or  creditor 
who  shall  have  demanded  such  copy. 

Sec.  20.  No  member  of  any  corporation  in  this  State  shall  vote 
at  any  meeting  thereof  by  proxy  ;  and  each  member  present  at  any 
such  meeting  may  give  one  vote  for  every  share  of  which  he  is  the 
bona  fide  and  absolute  owner,  not  exceeding  ten,  and  one  vote  for 
every  two  shares  of  which  he  is  such  owner,  over  ten  and  not 
exceeding  twenty,  and  no  more. 

Sec.  21.  If  any  person  shall  fraudulently  vote  upon  any  share 
of  which  he  is  not  the  bona  fide  and  absolute  owner,  or  shall 
fraudulently  procure  or  receive  the  transfer  of  any  share  for  the 
purpose  of  voting  thereon,  he  shall  be  punished  by  imprisonment 
not  exceeding  one  year,  or  by  fine  not  less  than  five  hundred  dol- 
lars, or  by  both  ;  but  any  person  holding  stock  in  any  corporation 
as  executor,  administrator,  guardian  or  trustee,  shall  represent  the 
shares  or  stock  in  his  hands  at  all  meetings  of  the  corporation,  and 
may  vote  as  stockholder,  and  any  person  who  shall  have  pledged 
his  stock  as  collateral  security,  may  represent  the  same  at  such 
meetings,  and  may  vote  as  a  stockholder. 

Sec.  22.  No  person  holding  stock  as  executor,  administrator, 
guardian  or  trustee  as  aforesaid,  and  no  person  holding  such  stock 
as  collateral  security,  shall  be  personally  subject  to  any  liabilities 
as  a  stockholder  of  such  corporation  ;  but  the  person  pledging  such 
stock  shall  be  liable  as  a  stockholder,  and  the  estate  and  funds  in 
the  hands  of  such  executor,  administrator,  guardian  or  trustee 
shall  be  liable  in  his  hands  in  like  manner,  and  to  the  same  extent, 
as  the  deceased  testator  or  intestate,  or  the  ward  or  the  person  inte- 
rested in  such  trust  fund,  would  have  been  if  he  had  been  living 
and  competent  to  act,  and  had  held  the  same  stock  in  his  own 
name. 

Sec.  23.  Any  corporation  whose  powers  may  expire  by  express 
limitation  or  otherwise,  on  any  day,  may  continue  to  be  a  body  cor- 
porate for  the  space  of  three  years  thereafter,  for  the  purpose  of 
prosecuting  and  defending  suits,  of  receiving,  holding,  conveymg 
or  transferring  any  estate  real  or  personal,  and  of  gradually  closing 
and  settling  the  concerns  and  dividing  the  capital  stock  of  such 
body  corporate,  but  not  for  continuing  the  business  for  which  such 
corporation  was  established. 

Sec.  24.  Any  corporation  may,  at   any  annual  meeting  thereof, 
alter  the  time  of  holding  its  annual  meeting. 
37 


290 


DOMESTIC    RELATIONS MARRIAGE.       [tITLE    XVIII, 


Sec.  25.  Any  president,  director  or  cashier  of  any  bank,  or  any 
director,  trustee  or  agent  of  any  other  corporation  who  shall  wilfully 
or  fraudulently  violate  any  of  the  provisions  of  this  chapter,  or  of 
either  of  the  preceding  chapters  of  this  title,  shall  upon  conviction 
thereof  be  punished  by  confinement  to  hard  labor  not  exceeding 
five  years ;  or  by  fine  not  exceeding  five  thousand  dollars,  for  each 
and  every  violation  thereof,  one  half  to  the  use  of  the  prosecutor 
and  the  remainder  to  the  use  of  the  State. 

Sec.  26.  The  legislature  may  alter,  amend  or  repeal  the  charter 
of  any  corporation  or  any  law  relating  to  corporations,  whenever  in 
their  opinion  the  public  good  shall  require  the  same  ;  but  such  alter- 
ation, amendment  or  repeal  shall  not  take  away  or  impair  any 
remedy  given  against  such  corporation,  its  members  or  officers,  for 
any  liability  which  shall  have  been  previously  incurred. 

Sec.  27.  The  provisions  of  this  chapter  shall  not  take  effect, 
until  after  the  expiration  of  six  calendar  months  from  the  day  of 
its  approval  by  the  governor. 


TITLE    XVIII. 

OF  THE  DOMESTIC  RELATIONS. 


Chapter  147.  Of  marriage. 

Chapter  148.  Of  divorce. 

Chapter  149.  Of  husband  and  wife. 

Chapter  150.  Of  guardian  and  ward. 

Chapter  151.  Of  masters,  apprentices  and  servants. 


CHAPTER  147. 


OF  MARRIAGE. 


Section 

1.  Men  forbidden  to  marry,  whom. 

2.  Women  forbidden  to  marry,  whom. 

3.  Such  marriages  incestuous  and  void. 

4.  Banns  must  be  published. 

5.  Certificate  of  publishment  given. 

6.  Who  may  solemnize  marriages. 

7.  Fees  for  solemnizing  marriages. 


Section 

8.  Not  to  aflFect  marriage  of  Quakers. 

9.  Certificates  of  marriage  to  be  return- 

ed to  town  clerk. 

10.  Town  clerks  shall  record  the  same. 

11.  Penalty  for  not  returning  or  record- 

ing such  certificates. 


CHAP.   147.J 


MARRIAGE. 


291 


Section 

12.  Penalty  for  solemnizing  a   marriage 

not  authorized. 

13.  Penalty  for  solemnizing  marriage  by 

person  not  authorized. 


Section 

14.  Copy  of  record  of  marriage   to  be 

presumptive  evidence  thereof. 

15.  Marriages  not  void  though  irregular. 

16.  Age  of  consent  in  females  12 ;    in 

males,  14. 


Section  1.  No  man  shall  marry  his  father's  sister,  mother's  sister, 
father's  widow,  wife's  mother,  daughter,  wife's  daughter,  son's 
widow,  sister,  son's  daughter,  daughter's  daughter,  son's  son's 
widow,  daughter's  son's  widow,  brother's  daughter  or  sister's 
daughter. 

Sec.  2.  No  woman  shall  marry  her  father's  brother,  mother's 
brother,  mother's  husband,  husband's  father,  son,  husband's  son, 
daughter's  husband,  brother,  son's  son,  daughter's  son,  son's  daugh- 
ter's husband,  daughter's  daughter's  husband,  brother's  son  or 
sister's  son. 

Sec.  3.  Every  marriage  contract  by  parties  within  the  degrees 
prohibited  by  the  two  preceding  sections,  is  incestuous  and  void, 
and  the  issue  of  such  marriage  illegitimate. 

Sec.  4.  All  persons  residing  in  this  State,  proposing  to  be  joined 
in  marriage,  shall  have  their  intention  published  on  three  several 
public  meeting  days,  in  the  respective  towns  where  the  parties 
dwell,  by  the  clerks  of  such  towns.  If  either  party  lives  in  a  toAvn 
where  there  is  no  clerk,  such  publishment  shall  be  made  in  some 
town  next  adjoining. 

Sec.  5.  Such  town  clerk  shall  give  to  either  of  said  parties  a 
certificate,  under  his  hand,  that  the  intention  of  marriage  between 
said  parties  has  been  published  as  is  above  provided,  which  certifi- 
cate shall  be  produced  to  the  magistrate  or  minister  who  is  to  marry 
said  parties,  before  such  marriage  is  solemnized ;  for  which  certifi- 
cate said  clerk  shall  receive  fifty  cents. 

Sec.  6.  Marriages  may  be  solemnized  by  any  justice  of  the 
peace,  within  any  county  for  which  he  is  commissioned,  and 
throughout  the  State  by  any  minister  of  the  gospel  who  has  been 
ordained  according  to  the  usages  of  his  denomination,  and  who 
resides  within  this  State  and  is  in  regular  standing  with  the  de- 
nomination to  which  he  belongs. 

Sec.  7.  The  persons  so  joined  in  marriage  by  any  minister  or 
justice  shall  pay  such  minister  or  justice  one  dollar. 

Sec.  8.  Nothing  contained  in  this  chapter  shall  affect  the  right 
of  the  people  called  Friends  or  Quakers,  to  solemnize  marriages  in 
the  way  usually  practiced  in  their  meetings,  but  all  marriages  so 
solemnized  shall  be  valid. 

Sec.  9.  Every  justice,  minister  or  clerk  of  the  people  called 
Friends,  shall  make  and  keep  a  particular  record  of  all  marriages 
solemnized  before  them  respectively.  Every  minister  who  solem- 
nizes any  marriage  out  of  the  county  in  which  he  dwells,  shall 
return  to  the  clerk  of  the  town  in  which  such  marriage  is  solem- 


292  MARRIAGE.  [TITLE  XVIII. 

nized,  within  thirty  days,  and  every  other  mniister,  justice  or  clerk 
of  the  people  called  Friends  aforesaid,  shall  return  to  the  clerk  of 
the  town  in  which  he  lives,  in  the  month  of  March  in  each  year, 
a  copy  of  such  record,  containing  the  christian  and  surnames  of  all 
persons  who  have  been  joined  in  marriage  by  or  before  him  since 
his  last  return^  the  place  of  abode  of  each  and  the  date  of  such 
marriage. 

Sec.  10.  Every  town  clerk  shall  record,  in  the  book  of  records 
of  such  town,  every  certificate  of  marriage  returned  to  him  as 
aforesaid,  and  shall  receive  from  the  town  six  cents  for  each  mar- 
riage so  returned,  as  a  fee  for  recording  the  same. 

Sec.  11.  If  any  justice,  minister  or  clerk  of  the  people  called 
Friends,  shall  neglect  to  make  return  of  any  marriage  by  or  before 
him  solemnized,  according  to  the  provisions  of  this  chapter,  or  if 
the  clerk  of  any  town  or  place  shall  neglect  to  record  the  same,  he 
shall  forfeit  for  each  offence  five  dollars  to  any  person  Avho  will  sue 
therefor. 

Sec.  12.  If  any  minister  or  justice  of  the  peace  shall,  without  a 
certificate  of  publishment  as  herein-before  provided,  or  shall,  con- 
trary to  the  provisions  of  this  chapter,  join  any  persons  in  marriage, 
he  shall  forfeit  for  each  ofi"ence  sixty  dollars  to  the  use  of  the  pa- 
rent, master  or  guardian  of  either  of  the  parties  who  will  first  sue 
therefor. 

Sec.  13.  If  any  person  not  authorized  by  this  chapter  to  solem- 
nize marriages,  shall  join  any  persons  in  marriage  with  or  without 
publishment,  he  shall  be  punished  by  fine  not  less  than  one  hun- 
dred nor  more  than  three  hundred  dollars,  one  half  to  the  use  of 
the  complainant  and  the  other  half  to  the  use  of  the  county  in 
which  the  offence  is  committed. 

Sec  14.  A  copy  of  the  record  of  any  marriage,  certified  by  any 
such  minister,  justice,  clerk  of  the  people  called  Friends,  or  town 
clerk,  shall  be  received  in  all  courts  and  places  as  evidence  of  the 
fact  of  such  marriage. 

Sec.  15.  No  marriage  solemnized  before  any  person  professing 
to  be  a  justice  "of  the  peace  or  minister  of  the  gospel,  shall  be  void, 
nor  shall  its  validity  be  in  any  way  affected,  on  account  of  any 
want  of  jurisdiction  or  authority  in  such  supposed  justice  or  luinis- 
ter,  or  on  account  of  any  omission  or  informality  in  the  publication 
of  the  intention  of  marriage,  if  the  marriage  is  in  other  respects 
lawful,  and  consummated  with  the  belief  on  the  part  of  either  of 
the  parties  to  the  marriage,  that  they  have  been  lawfully  married. 

Sec  16.  The  age  of  consent  shall  be  deemed  to  be,  in  the  case 
of  a  femzde,  twelve  years,  and  in  the  case  of  a  male,  fourteen  years. 


CHAP.    148.] 


DIVORCE. 


293 


CHAPTER  148. 


OF  DIVORCE. 


Section 

1.  Marriages,  when  null  and  void. 

2.  Decree  of  nullity,  how  obtained. 

3.  Causes  of  divorce. 

4.  When  such  cause  is  complete. 

5.  Not  granted  unless  cause  still  exists. 

6.  Libels,  where  to  be  brought. 

7.  "        to  state  cause  of  divorce. 

8.  Guardian  for  libellee,  how  appointed. 

9.  Marriage,  how  proved. 


Section 

10.  During  pendency  of  libel,  wife  and 

children  how  protected, 

11.  Legitimacy  of  children,  how  affected. 

12.  Support  and  custody  of  children. 

13.  Alimony  decreed  to  the  wife. 

14.  Decree  of  alimony,  how  made. 

15.  Security  for  payment  required. 

16.  Decree  may  be    revised,   and   costs 

awarded. 


Section  1.  All  marriages  prohibited  by  law  on  account  of  the 
consanguinity  or  affinity  of  the  parties,  or  where  either  has  a 
former  wife  or  husband  living,  knowing  such  wife  or  husband  to 
be  alive,  shall,  if  solemnized  in  this  State,  be  absolutely  void  with- 
out any  decree  of  divorce  or  other  legal  process. 

Sec.  2.  If  any  doubt  exists  in  any  case  whether  any  marriage,  is 
void,  or  as  to  the  effect  of  any  former  decree  of  divorce  or  nullity 
between  the  parties,  a  libel  may  be  filed  as  in  other  cases,  and  a 
decree  of  divorce  or  nullity  pronounced  accordingly. 

Sec.  3.  A  divorce  from  the  bond  of  matrimony  shall  be  decreed 
for  the  following  causes,  in  favor  of  the  innocent  party  :  for  impo- 
tency,  adultery,  extreme  cruelty,  or  conviction  of  crime  and  actual 
imprisonment  in  the  state  prison  of  either  party  ;  when  either  party 
has  so  treated  or  shall  so  treat  the  other  as  seriously  to  injure  health 
or  endanger  reason ;  or  has  been  absent  three  years  together  and  has 
not  been  heard  of;  or  is  an  habitual  drunkard,  and  has  been  or  shall 
have  been  such  for  three  years  together  ;  or  shall  have  joined  any 
religious  sect  or  society  which  professes  to  believe  the  relation  of 
husband  and  wife  to  be  unlawful,  and  refused  to  cohabit  with  such 
other  for  the  space  of  three  years ;  when  the  husband  shall  have 
willingly  absented  himself  from  the  wife  for  the  space  of  three  years 
together,  without  making  suitable  provision  for  her  support  and 
maintenance ;  or  when  the  wife  of  any  alien  or  citizen  of  another 
state,  living  separate,  shall  have  resided  in  this  State  for  three 
years  together,  he  having  left  the  United  States  with  the  intention 
of  becoming  a  citizen  of  some  foreign  country,  and  not  having 
during  that  time  come  into  this  State  and  claimed  his  marital 
rights,  and  without  making  suitable  provision  for  her  support  and 
maintenance  ;  when  either  party,  without  sufficient  cause  and  with- 
out the  consent  of  the  other,  shall  have  abandoned  such  other  and 
refused  for  three  years  together  to  cohabit  with  such  other. 

Sec.  4.  If  any  cause  exist  which,  if  it  continue  for  the  space 


294  DIVORCE.  [title    XVlll. 

of  time  prescribed  in  the  preceding  section,  will  be  a  cause  of 
divorce,  and  such  cause  shall  continue  to  exist  for  such  further  space 
of  time  as  together  to  constitute  the  time  so  prescribed,  or  if  such 
cause  has  already  existed  for  the  time  so  prescribed,  and  shall  con- 
tinue for  the  further  space  of  not  less  than  one  month,  it  shall  be  a 
sufficient  cause  of  divorce. 

Sec.  5.  No  divorce  shall  be  granted  for  any  cause  except  adul- 
tery, unless  such  cause  shall  be  in  existence  at  the  time  of  filing 
the  petition  for  such  divorce. 

Sec.  6.  All  libels  for  divorce  shall  be  brought  in  the  comity  in 
which  the  parties  or  one  of  them  live,  and  before  the  superior 
court  of  judicature  holden  in  and  for  such  county,  and  such  notice 
of  the  pendency  thereof  shall  be  given  to  the  libellee,  personal  or 
otherwise,  as  the  court  shall  order. 

Sec  7.  Every  libel  shall  state  the  cause  or  causes  of  divorce, 
and  shall  be  signed  by  the  libellant,  if  of  sound  mind  and  of  the 
age  of  legal  consent ;  otherwise  by  the  parent,  guardian  or  next 
friend  of  such  libellant. 

Sec.  8.  If  the  libellee  is  insane,  the  court  may  appoint  a 
guardian  to  appear  and  answer  for  such  libellee,  as  is  done  for  an 
infant  defendant  at  common  law. 

Sec.  9.  Upon  any  hearing  for  divorce,  the  admission  of  the  mar- 
riage by  the  party  against  whom  the  process  is  instituted,  general 
repute,  the  fact  of  cohabitation,  or  any  other  circumstantial  or 
presumptive  evidence  from  which  the  marriage  may  be  inferred, 
shall  be  competent  evidence  for  the  consideration  of  the  court. 

Sec  10.  After  the  filing  of  a  libel  for  divorce,  the  superior  court 
of  judicature  sitting  in  any  county,  or  any  judge  thereof  may,  on 
petition  of  the  wife,  prohibit  the  husband  iVom  imposing  any  re- 
straint upon  her  personal  liberty  during  the  pendency  of  the  libel, 
and  may  also,  on  the  petition  of  either  party,  make  such  order 
respecting  the  custody  and  maintenance  of  the  minor  children  of 
the  parties,  as  shall  be  deemed  expedient  and  for  the  benefit  of  such 
children. 

Sec  11.  No  decree  of  divorce  shall  affect  the  legitimacy  of  any 
child  born  or  begotten  in  lawful  matrimony,  unless  it  shall  be  so 
expressed  in  such  decree. 

Sec  12.  In  all  cases  where  there  shall  be  a  decree  of  divorce  or 
nullity,  the  court  shall  make  such  further  decree  in  relation  to  the 
maintenance,  education  and  custody  of  the  children,  as  shall  be 
most  conducive  to  their  benefit,  and  may  order  a  reasonable  pro- 
vision for  their  support  to  be  made  by  or  out  of  the  estate  of  the 
guilty  party. 

Sec  13.  Upon  any  decree  of  millity  or  divorce,  the  court  may 
restore  to  the  wife  all  or  any  part  of  her  lands,  tenements  and 
hereditaments,  and  may  assign  to  her  such  part  of  the  real  and  per- 
sonal estate  of  her  husband,  or  order  him  to  pay  such  sum  of 
money,  as  may  be  deemed  just  and  expedient :  and  may  compel 


CHAP.   149] 


HUSBAND    AND    WIFE, 


295 


the  husband  to  disclose  under  oath  the  situation  of  said  property, 
and  before  or  after  such  decree,  may  make  such  orders  and  use  sucli 
process  as  may  be  necessary  to  carry  the  same  into  full  effect,  and 
to  protect  the  rights  of  the  wife. 

Sec.  14.  In  any  case  arising  under  the  two  preceding  sections, 
the  court  may  order  the  property  to  be  conveyed,  or  the  money  to 
be  paid  to  a  trustee  or  trustees  by  the  court  appointed,  upon  trust 
to  invest  the  same,  and  to  apply  the  income  thereof  to  the  support 
of  the  wife,  or  the  maintenance  and  education  of  the  minor  child- 
ren, and  to  pay  over  the  principal  sum  or  any  part  thereof,  in  such 
manner  as  the  court  may  from  time  to  time  order ;  and  every  such 
trustee  shall  give  such  bonds  as  the  court  shall  order  for  the  faith- 
ful performance  of  said  trust. 

Sec.  15.  In  all  cases  where  alimony  or  any  allowance  shall  be 
decreed  for  the  wife  or  children,  the  court  may  require  sufficient 
security  to  be  given  for  the  payment  thereof,  according  to  the  terms 
of  the  decree. 

Sec.  16.  The  court  upon  proper  application  and  notice  to  the 
adverse  party,  may  revise  and  modify  any  order  made  by  such 
court,  and  may  make  such  new  orders  as  may  be  necessary,  and 
may  award  costs  as  justice  may  require. 


CHAPTER   140. 


OF  HUSBAND  AND  WIFE. 


Section 

1.  Wife  deserted,  may  hold  property. 

2.  Property  of  husband,  when  sold   for 

support  of  wife  and  children. 

3.  Married  woman  may  make  contracts, 

if  deserted. 

4.  Rights  of  wife  of  alien  living- separate. 

5.  Rights  of  husband   becoming  a  resi- 

dent. 

6.  Rights  of  wife  after  divorce. 


Section 

7.  Forcible  removal  forbidden. 

8.  Guardians,  how  appointed. 

9.  Conveyances   by    and    to    wife,  how 

made,  if  husband  under  guardian- 
ship. 

10.  Wife    may   join    in  conveyances    of 

husband,  when. 

11.  Marriage   not   to  be  contested  after 

decease,  in  what  cases. 


Section  1.  When  any  husband  shall  have  deserted  his  wife  and 
remained  absent  for  the  space  of  three  months,  without  making 
suitable  provision  for  her  support  and  the  maintenance  and  educa- 
tion of  their  minor  children,  or  when  any  cause  is  in  existence 
which  is  or  which,  if  it  continues  to  exist  for  a  longer  period,  may 
be  a  cause  of  divorce,  and  the  wife  is  the  injured  party,  she  shall 
be  entitled  to  hold  in  her  own  right  and  to  her  separate  use  any 
property  acquired  by  her  by  descent,  legacy  or  otherwise,  and  to  the 
earnings  of  her  minor  children,  until  said  parties  shall  afterwards 


296  HUSBAND    AND    WIFE.  [XITLE  XVFII. 

cohabit,  and  may  dispose  of  tJie  same  without  the  interference  of 
Jier  said  husband  or  of  any  person  claiming  under  him. 

Sec.  2.  In  any  such  case,  if  the  husband  leave  property  within 
this  State,  the  judge  of  probate  for  the  county  in  which  the  wife 
resides,  on  petition  by  her  and  such  notice  to  the  husband,  personal 
or  otherwise,  as  the  judge  shall  order,  may  authorize  such  portion 
of  said  property  as  maybe  necessary  for  the  maintenance  of  herself 
and  children,  to  be  sold  at  public  auction,  and  cause  the  proceeds 
of  such  sale  to  be  appropriated  and  expended  for  that  purpose,  in 
such  manner  as  he  may  direct,  and  require  bonds  for  the  faithful 
application  of  such  proceeds  according  to  the  order  of  said  court. 

Sec.  3.  Whenever  any  married  woman  shall  be  entitled  to  hold 
property  in  her  own  right  and  to  her  separate  use,  she  may  make 
contracts,  may  sue  and  be  sued  in  her  owai  name,  and  may  dispose 
of  said  property  by  will  or  otherwise,  as  if  she  were  sole  and  un- 
married ;  and  if  she  shall  decease  intestate,  her  husband  shall  be 
excluded  from  any  share  in  her  said  estate,  and  such  estate  shall 
be  administered  and  inherited  in  the  same  manner  as  if  she  were 
sole  and  unmarried. 

Sec  4.  If  any  woman  being  the  wife  of  an  alien  or  of  a  citizen 
of  any  other  state,  shall  have  resided  in  this  State  for  the  term 
of  six  months  successively,  separate  from  her  husband,  she  shall 
be  capable  of  making  contracts,  may  sue  and  be  sued  in  her  own 
name  for  any  cause  of  action  that  may  accrue  during  such  separate 
residence,  may  acquire  and  hold  property  in  her  own  right,  and 
may  have  the  exclusive  care,  custody  and  guardianship  of  lier  mi- 
nor children  living  with  her  in  this  State ;  and  the  earnings  of 
such  children  shall  be  expended  in  the  same  manner  as  if  her 
husband  had  deceased  ;  but  such  woman  shall  not  contract  another 
marriage,  nor  sue  nor  be  sued  for  a  breach  of  such  contract. 

Sec  5.  If  the  husband  of  such  woman  shall  become  a  citizen 
of  this  State,  and  they  shall  cohabit  together,  the  fact  of  his  becom- 
ing such  citizen  and  such  cohabitation  shall  have  the  same  eifect 
upon  any  contract  or  business  of  the  wife,  or  upon  any  suit  by  or 
against  her,  as  if  the  marriage  between  them  had  been  first  solem- 
nized at  the  time  of  his  thus  becoming  a  citizen  of  this  State. 

Sec  6.  If  the  husband  of  such  woman  shall  obtain  a  divorce 
from  his  said  wife,  in  any  court  or  tribunal  of  any  other  state  or 
country,  or  if  a  divorce  shall  be  decreed  upon  application  of  the 
wife  during  such  separate  residence,  she  shall  be  entitled  to  retain 
to  her  own  use  any  property  real  or  personal,  Avhich  may  have 
been  acquired  by,  or  given  or  descended  to  her  during  such  sepa- 
rate residence,  and  to  retain  the  exclusive  custody  and  guardian- 
ship, and  to  receive  the  earnings  of  her  minor  children  born  in  this 
country  and  living  with  her,  unless  upon  a  hearing  of  the  parties 
before  the  superior  court  of  judicature,  it  shall  be  made  to  appear 
by  other  evidence  than  such  decree  of  divorce,  that  she  has  been 
guilty  of  adultery  or  other  criminal  breach  of  the  marriage  cove- 
nant. 


CHAP.   150] 


GUARDIAN    AND    WARD. 


297 


Sec.  7.  If  any  such  married  woman  shall  reside  in  this  State, 
separate  from  her  husband,  it  shall  be  unlawful  for  the  husband  of 
such  woman,  he  being  an  alien  or  being  about  to  leave  the  United 
States  to  go  to  any  foreign  country,  to  take  from  the  custody  of 
such  woman  any  minor  child  of  the  marriage  born  in  this  country, 
with  intent  to  remove  said  child  to  any  foreign  country  against  the 
consent  of  the  mother. 

Sec.  8.  Upon  her  application  a  guardian  may  be  appointed  for 
such  child,  and  the  superior  court  of  judicature,  or  either  of  the 
justices  thereof,  is  authorized  to  issue  an  injunction  restraining  the 
father  and  all  other  persons,  from  removing  said  child  from  this 
State  against  the  consent  of  the  mother,  and  to  make  such  farther 
orders  and  decrees  as  shall  secure  to  her  or  to  said  guardian  the 
custody  of  such  children. 

Sec  9.  The  wife  of  any  man  who  is  under  guardianship,  may 
join  with  the  guardian  in  the  conveyance  of  her  interest  in  her 
real  estate  or  in  the  real  estate  of  such  ward,  or  in  making  partition 
of  her  own  real  estate  held  in  joint  tenancy  or  in  common,  and 
may  make  or  receive  any  release  or  other  conveyance  necessary  or 
proper  for  that  purpose,  in  like  manner  as  she  might  have  done 
with  her  husband  if  he  had  been  under  no  disability. 

Sec  10.  Any  married  woman  of  full  age  may  join  with  her 
husband  in  any  conveyance  of  real  estate,  and  any  married  woman 
may  join  with  her  husband  in  release  of  dower,  although  she  is 
not  of  full  age. 

Sec  11.  Any  persons  cohabiting  and  acknowledging  each  other 
as  husband  and  wife,  and  generally  reputed  to  be  such,  for  the 
period  of  three  years,  and  until  the  decease  of  one  of  them,  shall  be 
deemed  after  such  decease  to  have  been  legally  married. 


CHAPTER   150. 


OF  GUARDIAN  AND  WARD. 


Sectiok 

1.  Guardians,  wlieii  appointed. 

2.  Mode  of  appointment. 

3.  Powers  and  duties  of  guardians. 

4.  Who  may  be  appointed. 

5.  Rights  of  married  women  as  guard- 

ians. 

6.  Marriage  of  female  guardian,  effect. 

7.  Property  of  absent  parent,  when  sold 

for  support  of  children. 

8.  Proceeds  of  sale,  how  appropriated. 

38 


Section 

9.  If  the  mother  is  guardian  and  dies, 
new  guardian  appointed. 

10.  Insanity,  what  is,  how  determined. 

11.  Guardian  for  the  insane  appointed. 

12.  Who  is  deemed  a  spendthrift. 

13.  Guardian  of  spendthrift  appointed. 

14.  All  guardians  shall  give  bond. 

15.  Guardian   to  give  notice  of  his  ap- 

pointment. 

16.  Guardian  to  return  an  inventory. 


298 


GUARDIAN    AND    WARD. 


[title  XVIII. 


Section 

17.  Duties  of  guardian  as  to  ward. 

18.  Ward  to  sue  and  be  sued  by  guard- 

ian. 

19.  Ward  to  be  employed  in  labor. 

20.  Contracts  made  by  ward  are  void. 

21.  Contracts,  how  confirmed  by  guard- 

ian. 

22.  Land  of  ward,  how  sold  by  license. 

23.  Mode  of  sale  by  guardian,  and  oath. 

24.  New  bond  required  of  guardian. 

25.  Conveyance  of  land  sold,  how  made. 


Section 

26.  Sale  must  be  made  within  two  years 

after  license. 

27.  Evidence  of  sale,  how  perpetuated. 

28.  Sale  by  foreign  guardian,  how  made. 

29.  Guardian  how  removed  and  new  one 

appointed. 

30.  Guardianship,  iiow  revoked. 

31.  Compensation  of  guardians. 

32.  Guardians  ad  litem,  how  appointed. 

33.  Vouchers  to  be  filed  in  court. 

34.  Penalty  for  not  filing  vouchers. 


Section  1.  The  judge  of  probate  in  each  county,  whenever  there 
shall  be  occasion,  may  appoint  a  guardian  to  any  minor. 

Sec.  2.  If  the  minor  is  under  the  age  of  fourteen  years,  the 
judge  may  appoint  a  guardian  ;  if  the  minor  is  above  the  age  of 
fourteen  years,  he  may,  though  under  guardianship  previous  to  that 
age,  elect  any  suitable  person  for  his  guardian,  who  shah  be  ap- 
pointed by  the  judge  ;  if,  after  being  cited  by  the  judge,  he  shall 
neglect  to  nominate  a  suitable  person,  the  judge  may  appoint  a 
guardian  in  the  same  manner  as  if  the  minor  Avere  under  the  age 
of  fourteen  years. 

Sec.  3.  Every  guardian  shall  have  the  custody  and  tuition  of 
the  minor,  and  the  care  and  management  of  his  estate,  and  shall 
continue  in  office  until  the  minor  arrives  at  the  age  of  twenty-one 
years,  or  until  discharged  according  to  law. 

Sec.  4.  The  judge  may  in  his  discretion  appoint  the  father  or 
mother,  or  any  person  nominated  by  either,  to  be  guardian  of  any 
child,  as  he  shall  think  most  conducive  to  the  interest  of  such 
child  ;  but  if  any  cause  exists,  which  if  continued  may  be  a  cause 
for  divorce,  the  preference  shall  be  given  to  the  party  injured  or  to 
the  person  nominated  by  such  party,  being  a  suitable  person. 

Sec.  5.  Any  married  woman  so  appointed  shall  have  the  same 
rights  and  powers,  and  be  subject  to  the  same  duties  and  liabilities 
as  other  guardians. 

Sec.  6.  If  any  female  guardian  shall  marry,  her  husband  shall 
not  thereby  become  guardian,  but  such  marriage  shall  operate  as 
an  extinguishment  of  the  trust. 

Sec.  7.  If  any  person  absent  from  the  State,  for  whose  child  a 
guardian  has  been  appointed,  shall  neglect  to  make  provision  for  the 
support  of  his  wife  or  children,  and  shall  leave  property  within  the 
State,  the  judge, upon  petition  of  the  guardian  and  due  notice,  may 
authorize  said  guardian  to  sell  at  public  auction  such  portion  of 
said  property,  real  or  personal,  as  he  may  deem  necessary  to  be  ex- 
pended frugally  and  without  waste  for  the  comfortable  support  of 
the  mother,  and  the  proper  education  and  maintenance  of  said  ward. 

Sec.  8.  Such  guardian  shall  not  be  held  liable,  upon  the  decease 
of  the  father  of  any  such  ward,  to  account  to  his  administrator  for 


CHAP.  150.]  GUARDIAN    AND    WARD.  299 

any  balance  in  his  hands  not  expended,  but  shall  retain  and  appro- 
priate the  same  as  if  the  father  had  not  deceased. 

Sec.  9.  If  the  mother  shall  be  guardian  and  shall  decease,  the 
judge,  upon  application  of  some  relative  or  friend  of  the  minor, 
shall  appoint  a  guardian  in  her  stead,  who  shall  be  entitled  to 
receive  any  balance  in  her  hands  at  her  decease. 

Sec.  10.  Upon  application  by  any  relative  or  friend  of  any  in- 
sane person,  or  upon  the  like  application  of  the  overseers  of  the 
poor  of  the  town  in  which  such  person  lives,  made  to  the  judge 
of  probate  for  the  county  in  which  said  town  is  situate,  that  a 
guardian  may  be  appointed  over  such  person,  the  judge  shall  cause 
the  selectmen  of  the  town  in  which  such  person  lives,  to  make 
inquisition  thereinto. 

Sec  -11.  If  upon  the  return  of  such  inquisition  and  due  exami- 
nation had,  it  shall  be  decreed  that  such  person  is  an  insane  person, 
the  judge  shall  appoint  a  guardian  over  such  person ;  but  no  such 
decree  or  appointment  shall  be  made  until  such  person  shall  have 
been  cited  to  appear  and  show  cause  against  the  same. 

Sec  12.  Any  person  who,  by  excessive  drinking,  gaming,  idle- 
ness, debauchery  or  vicious  habits  of  any  kind,  shall  so  waste, 
spend  or  lessen  his  estate,  or  shall  so  neglect  to  attend  to  any  use- 
ful calling  or  business  for  which  he  may  be  capable,  as  thereby  to 
expose  himself  or  his  family,  or  any  of  them,  to  want  or  suffering 
circumstances,  or  to  endanger  or  expose  the  town  to  which  he 
belongs,  in  the  judgment  of  the  selectmen  of  the  town  in  which 
he  resides,  to  expense  for  the  support  of  himself  or  any  of  his 
family,  shall  be  deemed  a  spendthrift. 

Sec  13.  Upon  complaint  thereof  in  writing,  made  to  the  judge 
of  probate  for  the  county  where  such  person  resides  by  said  select- 
men, said  judge  shall  appoint  a  day  of  hearing,  and  if,  upon  due 
notice  and  examination  had,  it  shall  appear  that  such  person  comes 
within  the  description  in  the  preceding  section,  said  judge  shall 
appoint  a  suitable  person  to  be  guardian  over  such  spendthrift. 

Sec  14.  Every  guardian  appointed  by  virtue  of  this  chapter, 
shall  give  bond  to  the  judge  of  probate  in  a  reasonable  sum,  with 
sufficient  sureties,  upon  condition  among  other  things  for  the  faith- 
ful discharge  according  to  law  of  the  trust  reposed  in  him,  and  for 
rendering  upon  oath  a  true  and  just  account  of  his  guardianship 
when  and  so  often  as  he  shall  be  thereto  required. 

Sec  15.  Such  guardian  shall,  immediately  upon  his  appointment, 
give  public  notice  thereof  in  some  newspaper  printed  in  the  coun- 
ty, if  any  there  be,  or  in  such  newspaper  as  the  judge  shall  direct, 
and  in  all  cases  shall  also  post  up  a  notification  thereof  in  the 
town  where  his  ward  resides. 

Sec  16.  He  shall  also  make  and  retiu*n  a  true  and  perfect  inven- 
tory of  the  estate  of  his  ward,  in  the  same  way  as  inventories  of 
persons  deceased  are  taken. 

Sec.  17.  He  shall  take  care   as  well  of   the  person  as  of  the 


300  GUARDIAN    AND    WARD.  [tiTLE  XVIJI- 

estate  real  and  personal  of  his  ward,  shall  improve  the  same  fru- 
gally and  without  waste,  and  apply  the  annual  profits  and  income 
thereof  for  the  comfortable  maintenance  and  support  of  his  said 
ward,  and  his  household  and  family,  if  any  he  have  ;  shall  collect 
the  dues  of  his  said  ward,  shall  pay  his  just  debts  out  of  his  pro- 
perty in  the  most  economical  manner,  and  shall  protect  the  rights 
of  his  said  ward. 

Sec.  18.  Such  ward  shall  sue  and  be  sued,  prosecute  and  defend 
by  his  guardian. 

Sec.  19.  Every  guardian  appointed  over  any  spendthrift,  shall 
inculcate  habits  of  sobriety  and  industry  in  his  ward,  and  may 
employ  his  ward  or  the  children  of  his  ward  in  any  suitable  labor, 
or  bind  them  out  to  labor  by  a  written  contract  for  a  term  not 
exceeding  one  year. 

Sec.  20.  No  bargain  or  sale  of  real  or  personal  estate,  and  no 
contract  of  any  nature  whatever,  made  by  a  person  under  guard- 
ianship after  the  apjjointment  made  and  during  the  continuance  of 
such  guardianship,  shall  be  valid  in  law. 

Sec  21.  No  such  bargain,  sale  or  contract  shall  be  valid,  if  made 
after  an  attested  copy  of  any  complaint  presented  to  a  judge  of 
probate,  upon  which  a  guardian  shall  be  appointed,  and  the  order 
of  notice  thereon,  shall  have  been  filed  with  the  clerk  of  the  town 
in  which  the  person  complained  of  resides,  unless  the  guardian  by 
an  instrument  under  his  hand  and  seal  shall  afterwards  approve 
and  ratify  the  same. 

Sec  22.  The  judge  of  probate  for  the  county  in  which  any 
guardian  received  his  appointment,  may  authorize  such  guardian 
to  sell  at  public  auction  the  real  estate  of  his  ward,  or  any  wood  or 
timber  growing  thereon,  whenever  the  sale  thereof  shall  be  neces- 
sary for  the  support  of  the  ward  or  his  family,  or  is  conducive  to 
his  or  their  interest. 

Sec  23.  Before  making  any  sale  under  such  license,  the  guard- 
ian shall  take  the  following  oath  before  the  judge  of  probate  or 
any  justice  of  the  peace  ;  and  shall  file  the  certificate  thereof  in 
the  probate  office  before  the  settlement  of  his  account : 

"I,  A.  B.,  guardian  of  C.  D.,  &c.,  my  ward,  do  solemnly  swear 
that  in  disposing  of  the  estate  of  my  said  ward,  for  which  I  have 
obtained  license,  I  will  use  my  best  judgment  in  fixing  on  and 
advertising  the  time  and  place  of  sale,  and  will  exert  my  utmost 
endeavors  that  the  same  shall  be  sold  in  such  manner  as  shall  be 
of  the  greatest  advantage  to  my  said  ward,  without  any  sinister  or 
selfish  views  whatever." 

Sec  24.  If  the  judge  shall  not  be  satisfied  that  the  guardian  has 
already  given  bond,  sufficient  to  bind  him  to  conduct  with  fidelity 
in  the  sale,  and  to  account  and  respond  for  the  proceeds  thereof,  he 
shall,  before  he  issues  license  therefor,  require  of  such  guardian  a 
bond  sufficient  for  that  purpose. 


CHAP.   150]  GUARDIAN    AND    WARD.  301 

Sec.  25.  Every  guardian  so  licensed  and  sworn,  and  having  so 
advertised  and  sold,  may  execute  and  deliver  a  valid  conveyance 
of  the  estate  of  the  ward  so  sold,  to  the  purchaser,  being  the  high- 
est bidder,  his  heirs  and  assigns. 

Sec.  26.  No  license  to  any  guardian  for  the  purposes  aforesaid, 
shall  be  available  to  sustain  any  sale  under  the  same,  unless  such 
sale  is  made  within  two  years  after  the  granting  of  such  license. 

Sec.  27.  Any  guardian,  purchaser  or  other  person  interested, 
may  petition  the  judge  to  perpetuate  the  evidence  of  any  facts  set 
forth  in  such  petition,  relating  to  any  proceeding  connected  with 
such  guardianship,  and  the  judge  after  due  notice  may  decree  that 
all  or  any  of  such  facts  are  proved,  and  such  decree  shall  be  con- 
clusive evidence  of  those  facts. 

Sec.  28.  Upon  application  made  by  any  guardian  appointed  in 
any  other  state,  whose  ward  may  own  lands  within  this  State,  to 
the  judge  of  probate  for  the  county  in  which  such  lands  lie,  said 
judge,  upon  receiving  satisfactory  evidence  of  his  said  appointment, 
may  grant  license  to  sell  and  convey  the  same  in  the  same  manner 
as  is  provided  in  the  case  of  guardians  appointed  in  this  State;  and 
such  guardian  shall  give  bond  with  sureties  resident  in  this  State, 
make  oath,  proceed  in  such  sale  and  conveyance,  and  in  all  respects 
be  entitled  to  the  same  rights  and  subject  to  the  same  liabilities  as 
if  appointed  by  the  laws  of  this  State. 

Sec.  29.  The  judge,  upon  petition  and  after  due  notice,  may  re- 
move any  guardian,  whenever  in  his  opinion  it  may  be  necessary 
or  expedient,  and  appoint  another  in  his  stead. 

Sec.  30.  If  the  cause  for  which  any  guardianship  was  granted, 
has  ceased  or  is  removed,  such  guardianship  upon  like  petition  and 
notice  shall  be  revoked. 

Sec.  31.  Every  guardian  shall  be  allowed  a  reasonable  compensa- 
tion for  all  proper  expenses  and  services  in  the  discharge  of  his 
trust.  The  balance  of  the  guardian's  account  due  to  him  shall 
be  a  lien  upon  all  the  estate  of  his  Avard,  real  and  personal,  not 
disposed  of  by  the  guardian,  for  the  recovery  of  which,  after  he 
ceases  to  be  guardian,  he  may  maintain  an  action  for  money  paid 
and  advanced. 

Sec.  32.  Any  court  may  appoint,  when  necessary,  a  guardian  to 
prosecute  or  defend  any  suit  pending  before  such  court,  in  behalf 
of  any  minor  or  insane  person,  or  to  appear  for  and  protect  the 
rights  of  such  minor  or  other  person  interested  in  any  matter  pend- 
ing before  such  court,  and  a  bond  may  be  required  of  such  guardian 
at  the  discretion  of  the  court. 

Sec.  33.  Every  guardian  shall  take  a  receipt  of  his  ward  or  of 
his  legal  representative,  to  whom  he  shall  pay  or  deliver  the  pro- 
perty of  such  ward,  and  file  the  same  in  the  probate  office,  to  be 
there  preserved,  the  time  of  its  being  so  filed  being  certified  upon 
it  by  the  register. 

Sec.  34.  Any  guardian  may  be  cited  by  the  judge  of  probate. 


302 


MASTEliy    AND    APPRENTICES.  [lITLE  XVIll. 


upon  complaint  of  any  surety  or  his  representative,  to  file  such 
receipt  in  the  probate  office;  and  if  he  shall  neglect  or  refuse  so  to 
do,  he  shall  forfeit  twenty  dollars,  and  the  like  sum  for  every  thirty 
days'  neglect  afterwards,  to  he  recovered  by  such  complainant,  unless 
the  judge  shall  on  a  hearing  certify  the  reason  of  the  omission  to 
be  sufficient. 


CHAPTER  151. 


OF  MASTERS,  APPRENTICES  AND  SERVANTS. 


Section 

1.  Children  under  14,  how  bound  as  ap- 

prentices. 

2.  Children  over  14,  how  bound  as  ap- 

prentices. 

3.  Form  and  requisites  of  indentures. 

4.  With  whom  indentures  to  be  lodged. 

5.  EiFect  of  such  indentures. 

6.  Indenture  voidable  on  death  of  master. 

7.  Rights  of  apprentice,  how  protected. 

8.  Indentures  voidable  by  reason  of  mis- 

conduct of  master. 


Section 

9.  Misconduct  of  apprentice,  how  pun- 
ished. 

10.  Assault  by  apprentice,  how  punished. 

11.  Runaway    apprentice,   how    appre- 

hended. 

12.  Enticing  away  apprentice,  how  pun- 

ished. 

13.  Liability   of    master   for   neglect    to 

teach  apprentice. 


Section  1.  Children  under  the  age  of  fourteen  years  may  be  bound 
as  apprentices  or  servants,  until  that  age,  without  their  consent,  by 
their  father,  if  living,  or  if  not  living,  by  their  mother  or  guardian  ; 
and  if  such  child  has  no  parent  or  guardian,  he  may  bind  himself 
with  the  approbation  of  the  selectmen  or  overseers  of  the  poor  of 
the  town  where  he  resides. 

Sec.  2.  Minors  above  the  age  of  fourteen  years  may  be  bound, 
with  their  consent,  by  their  father,  or  after  his  decease  by  their 
mother  or  guardian,  as  apprentices  or  servants,  females  until  the 
age  of  eighteen  years  or  to  the  time  of  their  marriage  within  that 
age,  and  males  to  the  age  of  twenty-one  years  ;  and  the  consent  of 
such  minor  shall  be  distinctly  expressed  in  the  indenture  and  testi- 
fied by  his  signing  the  same. 

Sec.  3.  No  minor  shall  be  bound  as  aforesaid,  except  by  an  in- 
denture of  two  parts  signed,  sealed  and  delivered  by  both  parties  ; 
and  when  the  minor  shall  bind  himself  with  the  approbation  of 
the  selectmen  or  overseers  of  the  poor  as  aforesaid,  such  approba- 
tion shall  be  certified  in  writing  signed  by  them  on  each  part  of  the 
indentures. 

Sec  4.  One  part  of  said  indentures  shall  be  kept  by  the  master 
or  mistress,  and   the  other  part  by  the   parent  or  guardi;ui  of  the 


CHAP.    151.]  MASTERS    AND    APPRENTICES.  303 

minor,  or.  if  approved  by  the  selectmen  or  overseers  of  the  poor, 
by  the  town  clerk  of  the  town,  in  trust  for  such  minor. 

Sec.  5.  All  indentures  executed  as  aforesaid,  shall  be  good  and 
effectual  in  law  against  all  the  parties  thereto. 

Sec.  6.  No  indenture  aforesaid  shall  be  binding  upon  the  minor 
or  upon  his  parent  or  guardian,  after  the  decease  of  the  person  to 
whom  such  minor  was  so  bound  ;  but  if  said  apprenticeship  shall 
have  nearly  expired,  and  such  apprentice  shall  choose  to  complete 
his  service  unth  the  Avidow,  or  the  executor  or  administrator  of  his 
master,  he  shall  be  entitled  to  all  the  benefits  of  said  indenture, 
which  shall  be  paid  out  of  said  estate,  as  though  the  master  had 
lived  until  such  apprenticeship  had  expired. 

Sec.  7.  All  parents,  guardians,  selectmen  or  overseers,  as  the 
case  may  be,  shall  inquire  into  the  usage  of  the  minors  bound 
out  as  aforesaid,  and  defend  them  from  the  cruelty,  neglect  or 
breach  of  covenant  of  the  master ;  and  may  make  complaint  thereof 
to  any  justice  who  shall  notify  the  parties,  and  hear  and  determine 
such  complaint. 

Sec  S.  If  the  complaint  is  supported,  the  justice  may  render 
judgment  that  such  minor  be  discharged  from  his  said  indentures, 
and  that  the  master  shall  pay  all  damages  sustained  by  the  minor 
from  such  neglect,  cruelty  or  breach  of  covenant,  and  costs ;  but  if 
said  complaint  is  not  sustained,  the  justice  shall  award  costs  to  the 
respondent ;  and  in  either  case  execution  may  issue  therefor. 

Sec.  9.  If  any  apprentice  shall  be  guilty  of  any  gross  misbe- 
havior, wilful  neglect  or  refusal  of  his  duty,  and  shall  persist 
therein  after  being  suitably  remonstrated  with  by  his  master,  the 
master  may  make  complaint  thereof  to  any  justice,  who,  after  duly 
notifying  said  apprentice  and  all  persons  covenanting  in  his  behalf, 
shall  hear  and  determine  such  complaint,  and  render  judgment  that 
the  master  be  discharged  from  the  indenture,  and  recover  costs 
against  the  said  parent,  guardian  or  minor,  or  that  costs  shall  be 
taxed  for  the  respt)ndent ;  and  in  either  case  execution  may  be 
issued  accordingly. 

Sec.  10.  If  any  apprentice  shall  strike  or  use  any  personal  vio- 
lence towards  his  master,  any  justice,  upon  complaint,  notice  and 
hearing  of  the  parties,  shall  render  judgment  against  such  parent, 
guardian  or  minor  for  all  damages  sustained,  and  for  costs,  and  may 
issue  execution  therefor,  and,  if  the  master  chooses,  shall  adjudge 
the  indenture  to  be  void  ;  otherwise,  for  the  respondent  for  his 
costs,  and  may  issue  his  execution  therefor  against  said  master. 

Sec  11.  If  any  apprentice  shall  depart  from  the  service  of  his 
said  master,  without  leave  or  sufficient  cause,  the  master  may  em- 
power any  person  (by  giving  public  notice  thereof)  to  apprehend 
and  bring  back  such  apprentice  to  the  place  of  his  duty ;  and  all 
necessary  expenses  incurred  therein,  and  all  reasonable  damage 
sustained,  shall  be  recovered  by  said  master  of  the  parent  or  guar- 


304  PROBATE.  [title  XIX. 

dian  of  such  apprentice,  and  if  paid  by  a  guardian,  shall  be  proper 
charge  in  his  guardianship  account. 

Sec.  12.  If  any  person  shall  entice  or  persuade  away  any  such 
apprentice  from  the  service  of  his  master,  or  secrete,  convey  or 
send  off  any  apprentice  either  by  sea  or  land,  or  in  any  way  cause 
any  apprentice  to  leave  the  service  of  his  said  master,  such  person 
shall  make  good  all  damages  to  said  master,  and  be  punished  by 
fine  not  less  than  five  nor  more  than  one  hmidi'ed  dollars. 

Sec.  13.  If  any  master  shall  neglect  to  teach  or  cause  to  be 
taught  to  any  apprentice  the  art,  trade  or  profession  he  was  bound 
to  teach,  or  to  fulfil  any  part  of  his  contract,  he  shall  pay  to  such 
apprentice,  after  he  shall  become  of  age,  all  damage  sustained  by 
reason  of  such  neglect. 


TITLE  XIX. 

OF  PROBATE  AND  THE  ESTATES  OF  DECEASED 
PERSONS. 


Chapter  152.  Of  judges  of  probate  and  their  jmisdiction. 

Chapter  153.  Of  registers  of  probate. 

Chapter  154.  Of  times  and  places  of  holding  courts  of  probate. 

Chapter  155.  Of  citations  and  notice. 

Chapter  156.  Of  wills. 

Chapter  157.  Of  probate  of  wills. 

Chapter  158.  Of  administration. 

Chapter  159.  Of  inventory  and  accounts. 

Chapter  160.  Of  embezzlements. 

Chapter  161.  Of  suits  by  and  against  administrators. 

Chapter  162.  Of  insolvent  estates. 

Chapter  163.  Of  appeal  from  commissioners. 

Chapter  164.  Of  license  to  sell  real  estate. 

Chapter  165.  Of  widow's  allowance,  dower  and  distributive  share. 

Chapter  166.  Of  descent,  distribution  and  advancements. 

Chapter  167.  Of  division  of  estates  among  heirs. 

Chapter  168.  Of  trustees  of  estates. 

Chapter  169.  Of  bonds  to  the  judge  of  probate  and  suits. 

Chapter  170.  Of  appeals  from  the  court  of  probate. 


CHAP.  152] 


JUDGES    OF    PROBATE. 


805 


CHAPTER   152, 


OF  JUDGES  OF  PROBATE  AND  THEIR  JURISDICTION. 


Section 

1.  Proceedings,  how  commenced. 

2.  Definition  of  '■'■judge"  or  ^^ judge  of 

probate." 

3.  Judge's  jurisdiction   as  to  wills  and 

settlement  of  estates. 

4.  Judge's  jurisdiction  as  to  guardians. 

5.  "  "  as  to  trustees. 

6.  "  "  as  to  partition. 

7.  Administration,  where  granted. 

8.  Other  proceedings,  where  had. 

9.  Proceedings  as  to  guardians,  where. 


Section 

10.  Judge,  when  disqualified. 

11.  Who  shall  act  in  such  case. 

12.  Records  and  appeals  in  such  case. 

13.  Compensation  of  another  judge. 

14.  Special  courts,  when. 

15.  Compensation  of  judge. 

16.  Special  adjournments,  when. 

17.  Depositions  may  be  used,  when. 

18.  Sheriffs  to  serve  process. 

19.  Court  of  probate,  a  court  of  record. 


Section  1.  All  proceedings  in  the  court  of  probate  shall  be  com- 
menced by  petition  to  the  judge,  briefly  setting  forth  the  ground  of 
the  application. 

Sec.  2.  The  words  ^'■judge'^  or  ^^  judge  of  probate,''^  in  this  title, 
shall  be  construed  to  mean  the  judge  of  probate  for  the  county  to 
whom  the  jmisdiction  of  the  subject  matter  belongs. 

Sec.  3.  Every  judge  of  probate  in  his  county  has  jurisdiction 
of  the  probate  of  wills  and  of  granting  administration,  and  of  all 
matters  and  things  of  probate  jurisdiction  relating  to  the  sale,  set- 
tlement and  final  distribution  of  the  estates  of  deceased  persons. 

Sec.  4.  Such  judge  shall  have  jurisdiction  in  relation  to  the 
appointment  and  removal  of  guardians  of  minors,  insane  persons 
and  spendthrifts,  and  in  relation  to  the  duties  by  law  imposed  on 
such  guardians,  and  the  management  and  disposition  of  the  estates 
of  their  wards. 

Sec.  5.  He  shall  exercise  original  jurisdiction  in  relation  to 
trustees  appointed  by  will,  in  the  cases  prescribed  by  law. 

Sec  6.  He  may  exercise  jurisdiction  of  all  petitions  for  partition 
of  real  estate,  in  cases  where  no  dispute  shall  exist  in  relation  to 
the  title  thereof. 

Sec.  7.  The  probate  of  the  will  and  the  granting  of  administra- 
tion of  the  estate  of  any  person  deceased,  shall  belong  to  the  judge 
of  probate  for  the  county  in  which  such  person  was  last  an  inhabi- 
tant ;  but  if  such  person  was  not  an  inhabitant  of  this  State,  the 
same  shall  belong  to  the  judge  of  probate  for  any  county  in  which 
such  person  had  estate. 

Sec  8.  All  proceedings  in  relation  to  the  settlement  of  the  es- 
tate of  any  person  deceased,  shall  be  had  in  the  probate  court  of 
the  county  in  which  his  will  was  proved,  or  administration  of  his 
estate  was  granted. 
39 


306  JUDGES    OF    PROBATE.  [TITLE  XIX. 

Sec.  9.  All  proceedings  in  relation  to  the  property  or  estate  of 
any  person  under  guardianship,  shall  be  had  in  the  court  of  probate 
of  the  county  in  which  the  guardian  was  appointed. 

Sec.  10.  No  judge  of  probate  shall  act  as  such  in  the  settlement 
of  any  estate  wherein  he  is  interested  as  heir  or  legatee,  executor 
or  administrator,  or  as  guardian  or  trustee  of  any  person. 

Sec  11.  In  every  such  case,  the  judge  of  probate  of  any  adjoin- 
ing county  shall  have  jurisdiction,  and  it  shall  be  his  duty,  upon 
application,  to  attend  at  some  term  of  the  court  of  probate  in  which 
such  case  may  be  pending,  which  shall  not  interfere  with  his  duties 
in  his  own  county,  and  hear  and  determine  such  case. 

Sec.  12.  The  records  in  such  case  shall  be  kept,  and  appeals 
shall  be  claimed  and  allowed,  in  the  county  where  such  case  may 
be  pending. 

Sec.  13.  Such  judge  of  probate  shall  be  allowed  three  dollars 
for  each  day  he  may  be  employed  in  attending  such  court,  and  a 
reasonable  compensation  for  his  travel  and  expenses,  which  shall 
be  paid  by  the  executor,  administrator,  guardian  or  trustee  of  the 
estate  in  relation  to  which  such  case  may  arise,  and  shall  be  allow- 
ed him  on  settlement  of  his  account. 

Sec  14.  The  judge  may  attend  at  the  dwelling  house  or  in  the 
neighborhood  of  the  residence  of  any  administrator,  guardian, 
trustee  or  other  person  who  shall  be  unable,  by  reason  of  sickness 
or  other  sufficient  cause,  to  attend  the  court  of  probate  at  the  time 
and  place  appointed  by  law,  iii  any  case  in  which  the  personal 
attendance  of  such  person  is  required. 

Sec  15.  Such  judge  shall  be  allowed  a  suitable  compensation 
for  such  service  and  for  his  expenses,  to  be  paid  out  of  the  estate 
to  which  such  proceeding  may  relate. 

Sec  16.  The  judge  may  adjourn  his  court  for  the  trial  and 
decision  of  any  matter  pending  before  him,  to  any  convenient  time 
and  place. 

Sec  17.  The  deposition  of  any  witness  or  other  person  who 
may  be  required  to  be  sworn  before  the  judge,  and  who  shall  live 
out  of  the  State  or  more  than  ten  miles  from  the  place  of  holding 
the  court,  or  who  shall  be  unable  to  appear  and  testify  by  reason 
of  infirmity  or  other  sufficient  cause,  may  be  taken  before  any 
person  duly  authorized  by  such  judge. 

Sec  18.  All  sheriffs,  deputy  sheriffs  and  constables  are  required 
to  serve  and  execute  any  legal  process  to  them  directed  by  a  judge 
of  probate. 

Sec  19.  The  court  of  probate  shall  be  deemed  for  all  purposes 
a  court  of  record. 


CHAP.   153] 


REGISTERS    OF    PROBATE. 


307 


CHAPTER  153. 


OF  REGISTERS  OF  PROBATE. 


Section 

1.  Fire-proof  safes  to  be  provided. 

2.  Register's  office,  where  kept. 

3.  Register's  office  in  Merrimack  county. 

4.  Disqualified  to  act  as  appraiser,  &c. 

5.  What  papers  to  be  recorded. 


Section 

6.  Salaries  payable  on  certificate. 

7.  Fees  in  what  cases  allowed. 

8.  Receipts  for  fees  to  be  given. 

9.  Blanks,  how  furnished. 

10.  Register  may  adjourn  court,  when. 


Section  1.  Every  county  in  this  State  that  has  not  a  fire-proof 
safe  belonging  to  the  same,  shall  provide  a  suitable  fire-proof  safe 
for  all  records,  files  and  papers  of  the  county,  at  some  suitable  place 
in  such  county,  within  one  year  from  the  first  day  of  January  next ; 
and  it  shall  be  the  duty  of  the  court  of  common  pleas  to  appropri- 
ate the  money  necessary  for  that  purpose,  in  all  counties  destitute 
of  such  safe. 

Sec,  2.  Where  any  county  shall  have  provided  a  suitable  office 
with  a  fire-proof  safe,  the  office  of  the  register  of  probate,  with  all 
the  books,  records,  files  and  papers  belonging  thereto,  shall  be  kept 
therein,  and  such  office  shall  be  kept  open  daily,  Sundays  excepted. 

Sec.  3.  The  office  of  register  of  probate  for  the  county  of  Mer- 
rimack, with  all  the  records  pertaining  thereto,  shall  be  kept  at 
Concord  in  said  county. 

Sec  4.  No  register  of  probate  shall  be  appointed  an  appraiser  or 
commissioner,  on  any  estate  under  administration  in  the  court  of 
probate  of  which  he  is  register. 

Sec  5.  All  wills  and  their  probate,  inventories,  accounts  and 
proceedings  relative  to  real  estate,  and  all  orders,  decisions  and 
appointments  from  which  an  appeal  may  be  claimed,  shall  be  re- 
corded by  the  register  of  probate  in  suitable  -books  provided  for 
that  purpose. 

Sec  6.  The  salaries  by  law  allowed  to  registers  of  probate, 
shall  be  in  full  compensation  for  all  services  which  by  law  they 
ought  to  perform  in  their  office,  and  shall  be  paid  upon  furnishing 
the  governor  a  certificate  from  the  judge  annually,  on  the  first  day 
of  January,  that  the  records  of  their  courts  are  made  according  to 
law. 

Sec.  7.  Registers  of  probate  shall  be  entitled  to  the  same  fees  as 
other  certifying  officers,  for  all  copies  of  record,  except  such  as  are 
required  to  be  used  in  the  court  of  probate  in  which  such  record 
remains,  or  in  the  superior  court  upon  appeal,  and  such  as  are 
necessary  for  administrators  and  guardians  in  the  settlement  of 
estates. 

Sec  8.  Every  register  of  probate,  upon  request,  shall  give  a 
receipt  for  all  fees  by  him  received  for  copies,  stating  the  amount 
received  and  for  what  copies. 


308 


PROBATE    COURTS,    WHEN    HOLDEN.       [TITLE  XIX. 


Sec.  9.  Blanks  and  stationery  necessary  in  doing  the  probate 
business,  shall  be  provided  by  the  register  at  the  expense  of  the 
county,  and  the  amount  shall  be  paid  to  him  from  the  county 
treasury. 

Sec.  10.  In  case  of  any  vacancy  in  the  office  of  judge  of  pro- 
bate, or  the  sickness  or  necessary  absence  of  the  judge  at  the  time 
of  any  court  of  probate  appointed  by  law,  the  register  shall  adjourn 
such  court  and  all  proceedings  therein,  from  term  to  term,  until 
such  vacancy  shall  be  supplied  or  the  judge  shall  attend. 


CHAPTER  1^4. 


OF  THE  TIMES  AND  PLACES  OF  HOLDING  COURTS  OF  PROBATE. 


Section 

1.  Terms  in  county  of  Rockingham. 

2.  "       "       "         "    StrafFord. 

3.  "        "       "         "    Belknap. 

4.  "        "       "         "    Carroll. 

5.  "       "       "         "   Merrimack. 


Section 

6.  Terms  in  county  of  Hillsborough. 

7.  "       "       "         "   Cheshire. 

8.  "        "       "         "    Sullivan. 

9.  "       "       "         »    Grafton. 
10.       "       "       "         "   Coos. 


Section  1.  Courts  of  probate  shall  be  holden  annually,  at  the 
times  and  places  following  ;  that  is  to  say : 

For  the  county  of  Rockingham;  at  Exeter,  on  [the]  Wednesday 
following  the  third  Tuesday  of  March,  and  on  the  Wednesday 
following  the  second  Tuesday  of  every  other  month ; 

At  Portsmouth,  on  the  second  Tuesday  of  January,  May,  July, 
September  and  November,  and  on  the  third  Tuesday  of  March  ; 

At  Derry,  on  the  last  Tuesday  of  April,  August  and  December ; 

At  Chester,  on  the  Wednesday  following  the  last  Tuesday  of 
April,  August  and  December  ; 

At  Deerfield,  on  the  Thursday  following  the  last  Tuesday  of 
April,  August  and  December  ; 

At  Plaistow,  on  the  last  Tuesday  of  February,  June  and  Octo- 
ber: 

Sec  2.  For  the  county  of  Strafford ;  at  Dover,  on  the  first 
Tuesday  of  January,  March,  April,  August,  October  and  Novem- 
ber ; 

At  Rochester,  on  tiie  first  Tuesday  of  February,  July  and  De- 
cember ; 

At  Farmington,  on  the  first  Tuesday  of  May  and  September ; 

At  Strafford,  on  the  first  Tuesday  of  June  : 

Sec  3.  For  the  county  of  Belknap ;  at  Gilmanton  Centre,  on 
the  third  Tuesday  of  June  and  December ; 

At  Gilmanton  Iron  Works,  on  the  third  Tuesday  of  March  and 
September ; 


CHAP.  154.]        PROBATE    COURTS,    WHEN    HOLDEN.  309 

At  Gilford,  on  the  third  Tuesday  of  February  and  October ; 

At  Meredith  Village,  on  the  third  Tuesday  of  April  and  August ; 

At  Sanbornton  Square,  on  the  third  Tuesday  of  January  and 
July : 

Sec.  4.  For  the  county  of  Carroll ;  at  Ossipee  Corner,  on  the 
third  Tuesday  of  April,  and  the  second  Tuesday  of  February,  June, 
August,  October  and  December  ; 

At  West  Ossipee,  on  the  second  Tuesday  of  January,  March, 
May,  July,  September  and  November  ; 

At  Ossipee,  on  the  second  Tuesday  of  October : 

Sec.  5.  For  the  county  of  Merrimack ;  at  Concord,  on  the 
fourth  Tuesday  of  every  month  : 

Sec.  6.  For  the  county  of  Hillsborough ;  at  Amherst,  on  the 
first  Tuesday  of  every  month  ; 

At  Francestown,  on  the  Wednesday  next  following  the  first 
Tuesday  of  January,  April,  July  and  October ; 

At  Nashua,  on  the  Wednesday  next  after  the  first  Tuesday  of 
December  and  February ; 

At  Temple,  on  the  Wednesday  next  after  the  first  Tuesday  of 
May  and  August  ; 

At  Manchester,  on  the  Wednesday  next  after  the  first  Tuesday 
of  June  and  September : 

Sec.  7.  For  the  county  of  Cheshire ;  at  Keene,  on  the  first 
Tuesday  of  every  month,  and  on  the  third  Tuesday  of  March, 
April,  May,  September,  October  and  November : 

Sec.  8.  For  the  county  of  Sullivan ;  at  Newport,  on  the  Wed- 
nesday next  after  the  third  Tuesday  of  April  and  October,  and  on 
the  third  Wednesday  of  February,  June,  August  and  December ; 

At  Claremont,  on  the  third  Wednesday  of  January,  March,  May, 
July,  September  and  November  : 

Sec  9.  For  the  county  of  Grafton ;  at  Haverhill,  on  the  third 
Tuesday  of  January,  April,  August  and  October  ; 

At  Plymouth,  on  the  third  Tuesday  of  May,  July,  November 
and  February  ; 

At  Canaan,  on  the  third  Tuesday  of  June  and  December ; 

At  Lisbon,  on  the  third  Tuesday  of  March  and  September : 

Sec  10.  For  the  county  of  Coos ;  at  Colebrook,  on  the  first 
Tuesday  of  September ; 

At  Stratford,  on  the  first  Tuesday  of  June ; 

At  Lancaster,  on  the  first  Tuesday  of  March  and  November,  and 
the  second  Tuesday  of  May  ; 

At  Bartlett,  on  the  first  Tuesday  of  July ; 

At  Shelburne,  on  the  first  Tuesday  of  May. 


310  CITATIONS    AJND    NOTICES.  [TITLE    XIX. 


CHAPTER  155. 

OF  CITATIONS  AND  NOTICES. 


Section 

1.  Notice,  when  not  required. 

2.  Citations  and  notice,  when  necessary. 

3.  Personal  notice,  in  what  cases. 


Section 

4.  Notice  in  other  cases,  how  given. 

5.  Special  notice  may  be  required,  when. 


Section  1.  The  judge  of  probate  may,  at  discretion,  proceed 
without  notice  in  the  following  cases : 

1.  In  the  probate  of  wills  in  common  form  ; 

2.  In  the  appointment  of  such  person  as  administrator,  as  is  by 
law  entitled  to  such  trust,  or  the  person  by  him  nominated ; 

3.  In  the  appointment  of  appraisers  of  estates  ; 

4.  In  licensing  the  sale  of  personal  estate  ; 

5.  In  the  appointment  of  commissioners  of  insolvent  estates ; 

6.  In  the  appointment  of  the  guardians  of  minors  under  four- 
teen years  of  age ; 

7.  In  granting  allowance  to  widows. 

Sec.  2.  In  all  cases  in  which  notice  is  required,  a  citation  shall 
be  issued,  or  an  order  of  notice  made  to  the  parties  interested  in 
any  proceeding  in  the  court  of  probate,  to  appear  at  said  court  at  a 
certain  day  and  place  therein  appointed,  that  they  may  be  heard 
thereon  if  they  see  cause. 

Sec  3,  Every  citation  or  order  of  coiu't  to  any  individual, 
requiring  him  to  perform  any  particular  duty,  shall  be  served  by 
giving  to  him  in  person  or  leaving  at  his  usual  place  of  abode  a 
certified  copy  thereof,  if  such  person  shall  reside  in  this  State, 
fifteen  days  at  least  before  the  day  of  hearing. 

Sec.  4.  Every  citation  or  order  of  notice  to  any  person  residing 
out  of  the  State,  or  to  the  widow,  heirs,  devisees,  legatees,  credit- 
ors or  persons  interested  in  any  estate,  in  general  terms,  to  be 
present  at  any  proceeding  relative  to  said  estate,  shall  be  served  by 
giving  to  each  person  to  whom  it  is  directed,  or  leaving  at  his 
usual  place  of  abode,  fifteen  days  before  the  day  appointed  for 
such  proceedings,  a  certified  copy  of  such  citation  or  order  of 
notice,  or  by  publication  in  some  newspaper  prhited  in  the  county, 
if  any,  ot?ierwise  in  some  newspaper  printed  in  the  vicinity,  three 
weeks  successively,  the  last  publication  thereof  to  be  at  least  thirty 
days  before  the  day  of  hearing. 

Sec.  5.  In  addition  to  the  notice  prescribed  in  the  preceding 
sections,  the  judge  may  order  personal  notice,  or  notice  by  letter 
sent  by  mail,  to  any  person  interested,  or  notice  by  publication  in 
any  newspaper  printed  elsewhere,  as  he  shall  judge  proper  in  the 
case. 


CHAP.    15G.] 


WILLS. 


311 


CHAPTKR  156. 


OF  WILLS. 


Section 

1.  Wills,  who  may  make. 

2.  Real  estate  after  acquired,  may  pass 

by  will. 

3.  Devise  not  defeated  by  disseizin. 

4.  Whole  interest  in  real  estate  passes. 

5.  Devise  to  heirs,  does  not  affect  devise 

for  life. 

6.  Wills,  how  executed. 

7.  Soldiers,  &c.,  may  make  verbal  wills. 

8.  Devise  to  witness,  void  when. 


Section 

9.  Children  not  named,  provision  as  to. 
10.  "  "         "      shares  how  made 

up. 
n.  Heirs  of  devisee,  &c.,  deceased,  to 
take. 

12.  Widow  may  waive  provision,  in  will. 

13.  Wills,  how  revoked. 

14.  "        revoked  by  change  of  circum- 
stances. 

15.  Nuncupative  wills,  when  valid. 


Section  1.  Every  person  of  the  age  of  twenty-one  years  and 
of  sane  mind,  may  devise  and  dispose  of  his  property,  real  and 
personal,  and  of  any  right  or  interest  he  may  have  in  any  property, 
by  his  last  will  in  writing. 

Sec.  2.  Any  estate,  right  or  interest  in  any  real  property  ac- 
qnired  by  the  testator  after  making  his  will,  shall  pass  thereby,  if 
such  shall  clearly  appear  to  have  been  his  intention. 

Sec.  3.  No  devise  or  bequest  of  any  property  shall  be  defeated, 
by  any  disseizin  or  wrongful  dispossession  thereof  by  any  other 
person. 

Sec.  4.  Every  devise  of  real  estate  shall  be  holden  to  pass  all 
the  estate  of  the  devisor  therein,  unless  it  shall  clearly  appear  that 
it  was  his  intention  to  pass  a  less  estate. 

Sec.  5.  No  express  devise  of  any  estate  for  life,  or  other  limited 
estate,  shall  be  enlarged  or  construed  to  pass  any  greater  estate,  by 
reason  of  any  devise  to  the  heirs  or  issue  of  such  person. 

Sec.  6.  No  will  shall  be  effectual  to  pass  any  real  estate,  nor  to 
change,  nor  in  any  way  to  affect  the  same,  unless  it  is  made  by  a 
person  of  the  age  of  twenty-one  years  and  of  sound  mind,  in  wri- 
ting, and  is  signed  and  sealed  by  the  testator,  or  by  some  person  in 
his  presence  and  by  his  express  direction,  and  attested  and  subscri- 
bed in  his  presence  by  three  or  more  credible  witnesses. 

Sec  7.  Any  soldier  in  actual  military  service,  or  any  mariner  or 
seaman  being  at  sea,  may  dispose  of  his  movables  and  personal 
estate  as  he  might  heretofore  have  done. 

Sec  8.  Any  beneficial  devise  or  legacy  made  or  given  in  any 
will  to  a  subscribing  witness  thereto,  shall  be  void  as  to  such  wit- 
ness and  those  claiming  under  him,  unless  there  be  three  other 
subscribing  witnesses,  and  he  shall  be  a  competent  witness  there- 
to ;  but  a  provision  therein  for  the  payment  of  any  debt  shall  not 
be  void,  nor  disqualify  the  creditor  as  a  witness  thereto. 

Sec.  9.  Every  child  born  after  the  decease  of  the  testator,  and 


312 


WILLS. 


[title  XIX. 


every  child  or  issue  of  a  child  of  the  deceased  not  named  or  re- 
ferred to  in  his  will,  and  who  is  not  a  devisee  or  legatee,  shall  be 
entitled  to  the  same  portion  of  the  estate,  both  real  and  personal, 
as  he  would  be  if  the  deceased  were  intestate. 

Sec.  10.  If  the  property  not  devised  or  bequeathed,  shall  be 
insufficient  to  satisfy  the  just  share  of  such  child,  after  allowing 
advancements  received  by  him,  the  same  shall  be  made  up  in  just 
proportion  from  the  property  devised  or  bequeathed  to  others. 

Sec.  11.  The  heirs  in  the  descending  line  of  any  legatee  or 
devisee  deceased  before  the  testator,  shall  take  the  estate  devised 
or  bequeathed,  in  the  same  manner  the  legatee  or  devisee  would 
have  taken  the  same  if  he  had  survived. 

Sec.  12.  The  widow  of  the  testator  may  waive  any  provision 
made  in  his  will,  and  intended  to  be  instead  of  her  dower  or  dis- 
tributive share,  by  a  writing  filed  with  the  judge,  and  thereupon 
such  provision  shall  be  void,  and  her  dower  and  distributive  share 
shall  be  assigned  her. 

Sec.  13.  No  will  or  clause  thereof  shall  be  revoked,  unless  by 
some  other  valid  will  or  codicil,  or  by  some  writing  executed  in 
the  same  manner,  or  by  cancelling,  tearing,  obliterating  or  other- 
wise destroying  the  same  by  the  testator,  or  by  some  person  by  his 
consent  and  in  his  presence. 

Sec  14.  The  preceding  section  shall  not  be  construed  to  control 
or  affect  any  revocation  of  a  will,  implied  by  law  from  any  change 
in  the  circumstances  of  the  testator  or  his  family,  devisees,  legatees 
or  estate,  occurring  between  the  time  of  making  the  will  and  the 
death  of  the  testator. 

Sec  15.  No  nuncupative  will  shall  be  valid,  where  the  personal 
estate  bequeathed  shall  exceed  in  value  one  hundred  dollars,  unless 
it  was  declared  in  the  presence  of  three  witnesses,  who  were 
requested  by  the  testator  to  bear  witness  thereto  in  his  last  sick- 
ness, and  in  his  usual  dwelling,  except  when  he  was  taken  sick 
from  home  and  died  before  his  return  ;  nor  unless  a  memorandum 
thereof  was  reduced  to  writing  within  six  days,  and  presented  for 
probate  within  six  months  from  the  making  thereof. 


CHAPTER  157. 

OF  THE  PROBATE  OF  WILLS. 


Section 

1.  Probate  necessary  and  conclusive. 

2.  Wills  to  be  delivered  to  the  court. 

3.  Executors  to  prove  wills  or  refuse. 

4.  Penalty  for  neglect. 


Section 

5.  Refusal  to  deliver  will,  punished. 

6.  Probate  in  common  form. 

7.  Probate  in  solemn  form. 

8.  Notice  in  such  case. 


CHAP.   157.] 


WILLS. 


313 


Section 
9.  Minors,  &c.,  allowed  two  years. 

10.  Probate  on  application  of  widow,  &c. 

11.  No  probate  in  solemn  form  till  guar- 

dians appointed. 


Section 

12.  Proof  in  case  attesting  witnesses  are 

incompetent. 

13.  Filing  of  wills  proved  elsewhere. 

14.  Notice  in  that  case  to  be  given. 


Section  1.  No  will  shall  be  effectual  to  pass  either  real  or  per- 
sonal estate,  unless  it  has  been  duly  proved  and  allowed  in  the 
court  of  probate ;  and  the  probate  of  a  will  devising  real  estate, 
shall  be  conclusive  as  to  its  due  execution,  as  in  case  of  a  will  of 
personal  estate. 

Sec.  2.  Every  person  having  the  custody  of  any  will,  shall, 
within  thirty  days  after  he  has  knowledge  of  the  decease  of  the 
testator,  deliver  the  same  to  the  court  of  probate  or  to  the  person 
who  is  named  therein  as  executor. 

Sec  3.  Every  person  named  as  executor  of  any  will,  shall, 
within  thirty  days  after  the  decease  of  the  testator,  or  within  thirty 
days  after  he  has  knowledge  that  he  is  so  named,  cause  such  will 
to  be  proved,  or  file  the  same  in  the  probate  office  with  his  refusal 
in  writing  to  accept  the  trust. 

Sec  4.  Any  person  who  shall  neglect  any  of  the  duties  required 
by  the  two  preceding  sections,  shall,  unless  he  shall  give  an  excuse 
satisfactory  to  the  court  of  probate,  forfeit  the  sum  of  twenty  dol- 
lars for  each  month  he  shall  so  neglect  after  said  thirty  days,  to  be 
recovered  by  any  person  liaving  an  interest  in  such  will. 

Sec  5.  If  any  person  having  in  his  custody  any  will,  shall  ne- 
glect to  deliver  the  same  to  the  court  of  probate,  after  being  duly 
cited  for  that  purpose,  he  may  be  imprisoned  by  warrant  issued  by 
said  court,  until  he  shall  deliver  it. 

Sec  6.  If  the  probate  of  a  will  is  not  contested,  the  judge  may 
allow  and  approve  the  same  in  common  form,  npon  the  testimony 
of  one  of  the  subscribing  witnesses  thereto,  though  the  others  may 
be  living  and  within  the  process  of  the  court. 

Sec  7.  Any  party  interested  shall  be  entitled  to  have  the  pro- 
bate of  any  will,  Avhich  has  been  proved  without  notice,  re-ex- 
amined, and  the  will  proved  in  solemn  form  before  the  comt  of 
probate,  at  any  time  within  one  year  of  such  probate,  if  no  appeal 
from  such  probate  has  been  prosecuted  before  the  superior  court. 

Sec  8.  A  petition  for  that  purpose  may  be  presented  to  the 
judge,  and  notice  given  to  the  executor  personally,  if  practicable, 
and  duly  published  ;  and  if  upon  such  hearing  and  re-examination 
the  probate  shall  not  be  confii-med,  the  will  and  probate  shall  be 
void. 

Sec  9.  Any  minor,  insane  person,  married  woman  or  person  out 
of  the  United  States,  or  their  legal  representatives  shall  be  entitled 
to  have  the  probate  of  any  will,  proved  without  notice,  re-examined 
at  any  time  within  one  year  after  the  removal  of  the  disability. 

Sec  10.  If  any  will  filed  in  the  probate  office,  shall  not  be  pre- 
sented for  probate  by  the  executor  or  by  any  person  interested 
40 


314 


ADMINISTRATION. 


[title  XIX. 


therein,  the  judge  on  apphcation  of  the  widow  or  any  heir  of  the 
deceased,  and  due  notice  thereof  having  been  given,  may  approve 
and  allow  or  disallow  the  same,  and  the  decree  so  made  shall  be 
of  the  same  force  as  if  made  on  application  of  the  executor,  or  of 
any  person  interested  in  such  will. 

Sec.  11,  No  decree  approving  and  allowing  or  disallowing  any 
will,  shall  be  made  in  solemn  form,  until  guardians  shall  be  appoint- 
ed for  all  minors  and  others  interested  therein,  who  are  incapa- 
citated to  take  care  of  their  estates,  and  agents  appointed  by  the 
judge  for  all  persons  interested  who  reside  out  of  the  State  or  are 
unknown. 

Sec.  12.  If  the  attesting  witnesses  shall,  after  the  execution  of 
any  will,  become  incompetent  from  any  cause,  the  same  may  be 
proved  and  allowed  upon  other  satisfactory  evidence. 

Sec  13.  A  copy  duly  authenticated  of  any  will  executed  with 
the  formalities  required  by  the  laws  of  this  State,  Avhich  has  been 
proved  and  allowed  in  a  court  of  probate  in  any  of  the  United 
States,  or  in  any  foreign  country  pursuant  to  the  laws  thereof,  and 
a  copy  of  the  probate  of  such  will  may  by  a  decree  of  the  judge 
be  filed  and  recorded  in  the  probate  office,  and  such  decree  shall 
have  the  same  effect  as  the  probate  of  such  will  would  have. 

Sec.  14.  The  executor  or  any  person  interested,  may  produce 
such  copies  to  the  judge  of  any  county  in  which  there  is  estate  on 
which  the  same  may  operate,  and  in  writing  request  that  the  same 
be  so  filed  and  recorded;  and  if  upon  due  notice  no  sufficient  ob- 
jection be  made,  such  copies  shall  be  decreed  to  be  filed  and 
recorded  as  aforesaid. 


CHAPTER  158. 


OF  ADMINISTRATION. 


Section 

1.  The  word  '■'■administrator"  defined. 

2.  Administration,  to  whom  granted. 

3.  Not  to  minors  or  persons  incapable. 

4.  Not  to  persons  out  of  the  State,  unless. 

5.  Nor  to  persons  not  entitled,  till  30  days. 

6.  Minors  coming  of  age  may  be  appoint- 

ed. 

7.  In  cases  of  vacancy,  who  appointed. 

8.  Executor  of  executor  not  to  admin- 

ister. 


Section 
9.  Married  woman  not  to  administer. 

10.  Administration,  when  revoked. 

11.  Revocation  by  consent. 

12.  Administrator  to  give  bond,  and  the 

conditions. 

13.  Residuary  legatee,  bonds  by. 

14.  Administrator  to  give  notice  of  ap- 

pointment. 

15.  Executors  of  their  own  wrong,  liable. 


Section  1.  The  word  ^^  administrator^^  in  this  title  may  be  con- 
strued to  include  every  person  to  whom  the  administration  of  any 
estate,  or  the  execution  of  any  will  may  in  any  case  be  granted. 


CHAP.  158.]  ADMINISTRATION.  315 

Sec.  2.  Administration  of  the  estate  of  any  person  deceased 
shall  be  granted,  first,  to  the  executor  named  in  the  will  of  said  de- 
ceased ]  secondly,  to  the  widow  or  any  of  the  next  of  Idn,  or  such 
suitable  person  as  they  may  nominate  ;  thirdly,  to  one  of  the 
devisees  or  creditors ;  and  fourthly,  to  such  other  person  as  the 
judge  may  think  proper. 

Sec.  3.  No  person  not  of  full  age,  or  deemed  by  the  judge  of 
probate  incapable,  shall  be  appointed  to  administer  any  estate. 

Sec  4.  No  person  not  an  inhabitant  of  this  State,  shall  be  so 
appointed  by  reason  of  any  right  to  such  trust,  unless  other  cir- 
cumstances in  the  opinion  of  said  judge  render  the  same  proper. 

Sec.  5.  No  person  shall  be  appointed  to  administer  any  estate, 
until  the  several  persons  previously  entitled  thereto,  shall  have 
either  voluntarily  renounced  such  trust  in  writhig,  or  have  ne- 
glected, for  thirty  days  after  the  decease  of  any  person  upon  whose 
estate  administration  is  to  be  granted,  to  apply  for  such  admin- 
istration. 

Sec  6.  If  any  minor  appointed  executor,  shall  come  of  age  and 
request  it,  administration  on  the  estate  not  before  administered, 
shall  be  granted  to  him  ;  and  the  administration  before  granted  shall 
be  revoked,  unless  the  same  was  granted  to  a  co-executor,  in  which 
case  such  minor  shall  be  a  joint  executor. 

Sec  7.  If  the  administration  on  any  estate  shall  become  vacant 
by  death,  extinguishment  or  revocation,  the  judge  of  probate  may 
grant  administration  on  the  estate  not  before  administered,  to  such 
person  as  he  may  think  proper,  having  due  regard  to  the  rules 
aforesaid. 

Sec  8.  The  executor  of  an  executor  shall  not,  in  consequence 
thereof,  become  the  executor  of  the  first  testator. 

Sec  9.  If  any  executrix  or  administratrix  shall  marry,  her  hus- 
band shall  not  thereby  become  executor  or  administrator  in  her  right, 
but  such  marriage  shall  operate  as  an  extinguishment  of  the  trust. 

Sec  10.  If  any  executor  or  administrator  by  reason  of  absence, 
or  any  infirmity  of  body  or  mind,  or  by  wasteful  or  fraudulent 
management  in  his  trust,  shall  become  unfit  for  the  discharge 
thereof,  or  unsafe  to  be  trusted  therewith,  the  judge  of  probate, 
upon  due  notice  given  may  revoke  such  administration. 

Sec  11.  Such  trust  may  be  revoked  under  any  circumstances, 
with  the  consent  of  the  executor  or  administrator,  when  it  shall 
appear  to  the  judge  to  be  proper. 

Sec  12.  No  person  shall  intermeddle  with  the  estate  of  any 
person  deceased,  or  act  as  the  executor  or  administrator  thereof,  or 
be  considered  as  having  that  trust,  until  he  shall  have  given  bond 
to  the  judge,  with  sufficient  sureties,  in  such  reasonable  sum  as 
he  shall  approve,  upon  condition  ; 

First,  To  return  to  the  said  judge  a  true  and  perfect  inventory 
of  the  estate  of  the  deceased,  upon  oath,  within  three  months  from 
the  date  of  the  bond  : 


316 


INVENTORY  AND  ACCOUNTS.     [TITLE  XIX. 


Second,  To  administer  the  said  estate  according  to  law  ; 

T/mxl,  To  render  to  the  said  judge  an  account  of  administration, 
upon  oath,  within  one  year  ; 

Fourth,  To  pay  and  deUver  all  the  rest  and  residue  of  the  estate 
which  shall  be  found  remaining  upon  the  account  of  such  executor 
or  administrator,  unto  such  person  or  persons  respectively,  as  said 
judge  by  his  decree  according  to  law  shall  limit  and  appoint ; 

Fifth,  To  deliver  the  letters  of  administration  into  the  court  of 
probate,  in  case  any  will  of  the  deceased  shall  thereafter  be  approved 
and  allowed. 

Sec.  13.  If  the  executor  to  whom  administration  shall  be  grant- 
ed, shall  also  be  residuary  legatee,  and  if  there  be  no  widow,  or  if 
there  being  a  widow,  she  inform  the  judge  in  writing  that  she 
accepts  the  provisions  of  the  will,  a  bond  with  sufficient  sureties 
may  be  taken  from  him,  with  condition  only  to  pay  the  funeral 
charges,  debts  and  legacies,  and  to  render  upon  oath  an  account  of 
his  proceedings  therein,  when  thereto  lawfully  required. 

Sec.  14.  Every  administrator  shall,  within  three  months  after 
his  appointment,  post  up  notice  thereof  at  some  public  place  in  the 
town  where  the  deceased  dwelt,  if  in  this  State,  and  shall  cause 
the  same  to  be  published  in  some  newspaper  printed  in  the  vi- 
cinity. 

Sec.  15.  If  any  person  shall  unlawfully  intermeddle  with,  em- 
bezzle, alienate,  waste  or  destroy  any  of  the  personal  estate  of  a 
deceased  person,  he  shall  stand  chargeable  and  be  liable  to  the  ac- 
tions of  the  creditors  and  others  aggrieved,  as  executor  in  his  own 
wrong,  to  double  the  value  of  the  estate  so  intermeddled  with, 
embezzled,  alienated,  wasted  or  destroyed. 


CHAPTER  159. 


OF  THE  INVENTORY  AND  ACCOUNTS. 


Section 

1.  Inventory  to  be  filed. 

2.  Inventory,  how  made. 

3.  What  not  included  in  inventory. 

4.  All  assets  to  be  accounted  for. 

5.  Personal  property  maybe  sold. 

6.  Property  not  sold,  in  what  cases. 

7.  Debts  to  be  accounted  for. 

8.  Debts  may  be  compromised,  when. 

9.  Debts  of  administrator,  how  adjusted. 


Section 

10.  Profits  of  real  estate,  when  account- 

ed for. 

11.  Mortgaged  property  to  be  redeemed. 

12.  License   for   sale  of  real  estate   ob- 

tained. 

13.  Real  estate  set  off  on  execution,  how 

vested. 

14.  Charges  on  estates,  what  are. 

15.  What  expenses  chargeable  to  estate. 

16.  Gravestones  chargeable  to  estate. 

17.  Claims,  how  proved  against  estate. 


CHAP.   159.]  INVENTORY    AND    ACCOUNTS.  317 

Section  1.  Every  executor  and  administrator,  within  three 
months  after  his  appointment,  shall  return  to  the  probate  office, 
under  oath,  a  true  inventory  of  all  the  estate  of  the  deceased  inclu- 
ding his  real  estate,  goods  and  chattels,  together  with  a  correct  sche- 
dule of  his  notes  and  other  written  evidences  of  debts,  that  shall 
have  come  to  the  knowledge  of  such  executor  or  administrator. 

Sec.  2.  It  shall  contain  a  just  and  impartial  appraisement  of  said 
real  estate,  goods  and  chattels,  and  a  correct  schedule  of  said  notes 
and  written  evidences  of  debts,  to  be  made  by  three  suitable  per- 
sons to  be  appointed  by  the  judge,  and  sworn  before  a  justice  to 
their  fidelity  and  impartiality  therein. 

Sec.  3.  The  wearing  apparel  aiid  ornaments  of  the  widow  ac- 
cording to  the  estate  of  her  husband,  and  the  wearing  apparel 
of  the  minor  children,  if  any,  are  their  property,  and  shall  not  be 
included  in  the  inventory,  nor,  if  there  be  a  widow,  the  wearing 
apparel  of  the  deceased,  which  shall  be  her  property. 

Sec.  4.  All  assets,  though  not  inventoried,  shall  be  accounted 
for,  and  the  executor  or  administrator  shall  be  charged  therewith 
in  the  account  of  administration. 

Sec.  5.  All  goods  and  chattels  shall  be  accounted  for  at  the  ap- 
praised value,  unless  the  same  shall  be  sold  at  auction  by  license 
of  the  judge,  which  may  be  granted  at  any  time  within  six  months 
after  the  date  of  the  bond,  and  in  that  case  the  administrator  giv- 
ing the  notice  prescribed  in  such  license,  and  conducting  with 
fidelity  and  impartiality  in  the  sale,  shall  be  credited  with  the  loss 
or  charged  with  the  gain  upon  such  sale. 

Sec.  6.  Personal  property  specifically  bequeathed,  shall  not  be 
sold,  if  it  is  not  needed  for  the  payment  of  the  debts;  and  any  pro- 
perty may  be  reserved  at  the  sale,  unless  so  needed,  for  the  benefit 
or  upon  the  request  of  the  heirs  or  legatees,  and  the  administrator 
shall  be  discharged  by  delivery  thereof  to  the  persons  entitled 
thereto. 

Sec.  7.  All  debts  due  to  the  estate,  which  by  due  diligence 
might  have  been  collected,  shall  be  accounted  for  in  money. 

Sec  8.  Any  debt  due  from  any  insolvent  person,  may  be  com- 
promised and  discharged,  on  payment  of  such  part  thereof  as  the 
administrator  may  deem  proper,  and  the  administrator  shall  be 
chargeable  only  for  the  amount  received. 

Sec  9.  Debts  due  from  the  administrator  to  the  estate,  shall  be 
considered  as  assets  and  be  accounted  for  as  other  debts.  If  such 
debt  is  specifically  bequeathed  to  him,  his  right  thereto  shall  be 
the  same  as  that  of  any  legatee ;  and  the  judge  after  due  notice 
shall  liquidate  and  adjust  all  debts  and  claims  due  to  the  adminis- 
trator or  from  him  to  the  estate. 

Sec  10.  The  administrator  shall  receive  the  rents  and  profits  of 
the  real  estate,  in  case  the  estate  is  insolvent,  and  shall  keep  the 
same  in  repair,  and  shall  account  for  the  net  proceeds  thereof  in 
his  administration  accomit. 


318  INVENTORY    AND    ACCOUNTS.  [TITLE  XIX. 

Sec.  11.  The  administrator,  if  there  are  sufficient  assets,  shall 
redeem  all  property  of  the  deceased  under  mortgage,  pledge  or  levy 
of  execution  for  less  than  its  value,  or  which,  if  unredeemed, 
would  diminish  the  value  of  the  estate,  unless  he  shall  by  license 
sell  the  same  subject  to  such  incumbrance,  and  the  neglect  so  to 
redeem  shall  be  deemed  mal-administration  and  waste. 

Sec.  12.  Every  administrator  shall  apply  for  and  procure  license 
for  the  sale  of  so  much  of  the  real  estate  as  may  be  necessary  to 
pay  the  debts  and  legacies,  if  the  personal  estate  is  insufficient ; 
and  neglect  or  refusal  to  obtain  such  license,  or  to  make  such  sale, 
or  to  account  for  the  proceeds  thereof,  or  fraudulent  conduct  there- 
in, shall  be  deemed  mal-administration  and  a  breach  of  his  bond. 

Sec.  13.  Real  estate  purchased  by  or  set  off  to  any  administra- 
tor, in  order  to  secure  or  satisfy  any  debt  due  to  the  estate,  shall 
vest  in  the  heirs  in  the  same  manner  as  if  the  deceased  had  died 
seized  thereof,  and  shall  be  subject  to  be  sold  for  the  payment  of 
debts  and  demands  with  which  the  estate  is  chargeable,  and  to  be 
divided  and  apportioned  according  to  the  just  claims  of  the  widow, 
heirs,  devisees  and  legatees. 

Sec.  14.  The  estate  of  every  person  deceased  shall  be  charge- 
able with, 

1.  The  just  expenses  of  the  administration  thereof; 

2.  The  necessary  expenses  of  the  funeral  of  the  deceased ; 

3.  A  reasonable  allowance  to  the  widow,  as  by  law  provided ; 

4.  The  just  debts  owed  by  the  deceased  ; 

5.  The  support  and  maintenance  of  the  infant  children  of  the 
deceased  until  they  arrive  at  the  age  of  seven  years,  if  the  estate 
is  in  fact  solvent ; 

6.  The  legacies  given  by  the  will  of  said  deceased. 

Sec.  15.  The  expenses  of  assigning  the  widow's  dower,  of  the 
division  and  assignment  of  the  real  estate,  and  of  appointing  guar- 
dians of  minors  and  others  incapacitated  to  take  care  of  their  inte- 
rest, whether  heirs  or  legatees,  shall  be  chargeable  as  expenses  of 
administration. 

Sec  16.  Administrators  of  estates  actually  solvent  may  erect 
suitable  monuments  at  the  graves  of  the  testators  or  intestates,  and 
the  reasonable  expense  thereof  shall  be  allowed  them  on  settle- 
ment of  their  accounts. 

Sec.  17.  All  claims  against  any  estate  shall,  if  required  by  the 
administrator,  be  exhibited  under  oath,  as  follows : 

"  I  do  solemnly  swear  that,  according  to  the  best  of  my  know- 
ledge and  belief,  the  above  is  a  true  statement  of  my  claim  against 
the  estate  of  late  of  and  that  I  have  not  on  my 

books,  or  elsewhere,  any  credit  or  any  knowledge  of  any  credit 
that  should  be  allowed  against  my  claim,  except  what  is  stated  in 
the  foregoing  account.     So  help  me  God." 

And  a  certificate  of  such  oath  shall  be  aimexed  to  such  claim. 


CHAP.   IGl] 


ADMINISTRATORS SUITS. 


319 


CHAPTER  160. 


OF  EMBEZZLEMENTS. 


Section 

1.  Persons  suspected  may  be  cited. 

2.  Refusal  to  answer,  how  punished. 


I  Section 
3.  In  case  of  guardianship,  proceedings. 


Section  1.  Any  person  suspected  and  complained  of  by  any 
administrator,  heir,  legatee  or  creditor  of  a  person  deceased,  to  have 
concealed,  embezzled  or  conveyed  away  any  of  the  personal  estate 
of  the  deceased,  may  be  cited  to  appear  before  the  judge  and  be 
examined  under  oath  for  the  discovery  of  the  same. 

Sec.  2.  If  such  person  so  cited  shall  refuse  to  appear,  or  appear- 
ing refuse  to  answer  interrogatories  upon  oath  respecting  such 
estate,  the  judge  may  by  warrant  commit  him  to  the  common  jail, 
there  to  remain  until  he  shall  consent  to  answer  such  interrogato- 
ries, or  be  released  by  the  complainant  or  by  order  of  the  superior 
court  of  judicature. 

Sec.  3.  On  a  like  complaint  of  any  guardian  in  relation  to  any 
property  of  his  ward,  or  on  complaint  of  any  creditor,  relative  or 
friend  of  such  ward,  like  proceedings  may  be  had. 


CHAPTER  161. 


OF  SUITS  BY  AND  AGAINST  ADMINISTRATORS. 


Section 

1.  No  action  to  be  brought  within  one 

year,  nor  before  demand. 

2.  Claim   to  be   exhibited   within   two 

years. 

3.  Suspension  of  administration,  exclu- 

ded. 

4.  Not  if  estate  represented  insolvent. 

5.  No  action  will  lie  after  three  years. 

6.  Demands  depending  on  a  contingency. 

7.  Action  may  be  brought  within  two 

years. 

8.  No  action  lies,  where  estate  insolvent. 

9.  Except  actions  of  review. 

10.  Actions  brought  by  person  as  admin- 

istrator, who  is  not  such. 

11.  Suits  by  and  against,  not  abated  by 

death. 


Section 

12.  Administrators  not  liable  to  arrest, 

nor  estate  to  attachment. 

13.  Unless  upon  a  return  of  waste. 

14.  Estate  liable  on  joint  demands. 

15.  Administrator  may  sue  his  co-admin- 

istrator. 

16.  Actions  surviving  may  be  prosecuted 

or  defended. 

17.  Administrator     defaulted     on     scire 

facias. 

18.  Administrator  entitled  to  one   con- 

tinuance. 

19.  Administrator  may  maintain  real  ac- 

tions, in  what  cases. 

20.  Administrator  may    prosecute    suits 

pending  at  decease. 


320  ADMINISTRATORS SUITS.  [tITLE  XIX. 

Section  1.  No  action  shall  be  sustained  against  any  administra- 
tor, if  commenced  within  one  year  after  the  original  grant  of  ad- 
ministration, nor  unless  the  demand  shall  have  been  exhibited  to 
the  administrator  and  payment  demanded. 

Sec.  2.  No  such  action  shall  be  sustained,  unless  the  demand 
shall  have  been  exhibited  to  the  administrator  within  two  years 
after  the  original  grant  of  administration. 

Sec  3.  If  the  administration  on  any  estate  shall  be  suspended, 
any  demand  may  be  exhibited  within  two  years,  exclusive  of  the 
time  of  such  suspension. 

Sec  4.  If  the  estate  has  been  represented  insolvent  within  said 
two  years,  no  such  exhibition  thereof  shall  be  necessary  to  entitle 
the  creditor  to  have  the  same  allowed  by  the  commissioner. 

Sec  5.  No  suit  shall  be  maintained  against  any  administrator, 
for  any  cause  of  action  against  the  deceased,  unless  the  same  is 
commenced  within  three  years  next  after  the  original  grant  of  ad- 
ministration, exclusive  of  the  time  such  administration  may  be 
suspended,  except  in  cases  where  he  shall  have  retained  estate  in 
his  hands  for  the  payment  of  such  claim  by  order  of  the  judge. 

Sec  6.  Demands  against  such  estate  not  due  or  depending  on 
any  contingency,  may  be  filed  in  the  court  of  probate,  and  the 
judge  after  due  notice  may  require  the  administrator  to  retain  in 
his  hands,  on  settlement  of  his  account,  such  sum  as  may  be  ne- 
cessary to  pay  the  same,  unless  the  widow,  heirs  or  legatees  shall 
give  bond  to  the  judge  for  the  payment  thereof  when  such  contin- 
gency shall  happen,  to  the  extent  of  the  assets  received  by  them 
respectively. 

Sec  7.  If  the  right  of  action  existed  against  or  in  favor  of  the 
deceased  at  the  time  of  his  death,  and  survives,  an  action  may  be 
brought  by  or  against  the  administrator,  at  any  time  within  two 
years  after  the  original  grant  of  administration. 

Sec  8.  No  action  shall  be  commenced  or  prosecuted  against  an 
administrator,  where  the  estate  is  decreed  to  be  administered  as  an 
insolvent  estate  ;  but  the  cause  of  action  may  be  presented  to  the 
commissioners  and  allowed,  with  the  costs  of  any  action  pending 
at  the  time  of  such  decree. 

Sec  9.  Actions  of  review  may  be  prosecuted  notwithstanding 
such  insolvency,  and  the  amount  recovered  against  the  estate,  shall 
be  added  to  the  list  of  claims  by  the  judge,  and  the  court  shall 
issue  no  execution  therefor. 

Sec  10.  Any  person  interested  in  the  estate  of  any  person  de- 
ceased, may  commence  an  action  as  administrator  thereof,  which 
sliall  not  be  abated  nor  the  attachment  lost  by  reason  that  such 
person  is  not  administrator  thereof,  nor  by  his  decease,  if  the  ad- 
ministrator then  or  afterwards  appointed  shall,  at  the  first  or  second 
term  of  the  court,  endorse  the  writ  and  prosecute  the  same  as 
plaintiff. 

Sec  11.   Suits  in  which  an  administrator  is  party,  shall  not  be 


CHAP.   161.]  ADMINISTRATORS — SUITS.  321 

abated  by  reason  of  his  death,  or  of  the  extinguishment  or  revoca- 
tion of  his  trust,  but  may  be  prosecuted  or  defended  by  the  admin- 
istrator who  may  succeed  to  the  trust,  who  may  be  called  into 
court  by  scire  facias,  in  the  same  manner  and  with  the  like  effect 
as  in  cases  of  the  death  of  other  parties. 

Sec.  12.  Writs  of  attachment  and  execution  against  administra- 
tors, where  the  cause  of  action  was  against  the  person  deceased, 
shall  run  only  against  the  goods  or  estate  of  the  deceased,  and  the 
administrator  shall  not  be  arrested  or  his  estate  attached  or  levied 
upon  in  such  action. 

Sec.  13.  Upon  return  of  "no  goods"  or  "waste  "  made  by  the 
sheriff  on  such  execution,  an  execution  may  be  awarded  on  scire 
facias  against  the  goods,  estate  and  person  of  the  administrator,  as 
for  his  own  debt,  to  the  amount  of  such  waste,  if  it  can  be  ascer- 
tained, otherwise  for  the  whole  debt. 

Sec.  14.  The  estate  of  any  person  deceased  and  the  administra- 
tor thereof  shall  be  liable  upon  joint  demands  against  the  deceased 
and  any  other  person,  as  they  would  be  if  such  demands  were 
joint  and  several,  unless  it  shall  appear  that  it  was  the  intention  of 
the  parties  that  the  survivor  only  should  be  liable. 

Sec  15.  A  joint  administrator  or  guardian  may  have  an  action 
of  account  or  assumpsit  against  the  other  administrator  or  guardian, 
who  shall  refuse  to  apply  the  estate  in  his  hands  to  the  discharge 
of  the  just  demands  against  the  same,  or  who  shall  refuse  to  ac- 
count therefor,  and  shall  recover  the  amount  thereof  to  which  he 
shall  be  entitled. 

Sec  16.  Every  administrator  may  prosecute  or  defend  any  ac- 
tion pending  in  any  court  against  the  deceased,  in  case  the  cause 
of  action  does  by  law  survive  ;  and  in  such  case,  any  appeal  or 
writ  of  review  to  which  such  deceased  person  was  entitled,  or 
which  might  be  prosecuted  against  him  at  the  time  of  his  decease, 
may  be  prosecuted  by  or  against  such  administrator. 

Sec  17.  If  such  administrator  having  been  duly  served  with  a 
scire  facias,  shall  neglect  or  refuse  to  become  a  party  to  the  suit, 
judgment  may  be  rendered  against  the  estate  of  the  deceased,  in 
the  same  manner  as  if  the  administrator  had  voluntarily  become  a 
party  to  the  suit. 

Sec  18.  In  all  cases  where  an  administrator  shall  become  a 
party  to  a  suit  then  pending,  he  shall  be  entitled  to  one  continuance 
of  course. 

Sec  19.  The  administrator  may,  as  such,  maintain  any  action 
necessary  and  proper  to  be  brought  in  relation  to  real  estate  set  off 
to  him  for  debts  due  the  estate,  and  to  the  real  estate  of  the  de- 
ceased in  cases  of  insolvency,  until  the  administration  is  closed. 

Sec  20.  The  administrator,  as  such,  may  prosecute  and  defend 
all  real  actions  pending  at  the  decease  of  the   testator  or  intestate, 
and  may,  within  one   year  after  such  decease,  bring  a  review  of 
41 


322 


INSOLVENT    ESTATES. 


[title    XIX. 


aiiy  real  action  in  which  there  shall  be  a  right  of  review  at  such 
decease,  and  prosecute  the  same  for  the  use  of  the  persons  interested 
in  such  estate. 


CHAPTER   163. 


OF  INSOLVENT  ESTATES. 


Section 

1.  Decreeof  insolvency  and  appointment 

of  commissioner. 

2.  Commissioner  to  give  notice. 

3.  Time  for  presentment  of  claims. 

4.  Last  sitting,  when  to  be. 

5.  Commissioner  to  be  sworn. 

6.  "  to  swear  witnesses. 

7.  "  to  allow   demands   not 
payable  when  allowed. 

8.  Commissioner  to  allow  interest. 

9.  "  to  allow  offsets. 

10.  Collateral  security  estimated. 

11.  If  creditor  dissatisfied,  proceedings. 

12.  Judge  may  allow  further  time. 

13.  "         "      appoint  substitute. 


Section 

14.  List  of  claims  to  be  reported. 

15.  "     "         "      may  be  corrected. 

16.  Claims  of  administrator,  how  allowed . 

17.  "       "  "  may    be    re- 
ferred. 

18.  Preferred  claims,  what  are  such. 

19.  Claims  for  last  sickness  allowed. 

20.  Dividend  of  residue  to  be  decreed. 

21.  "  how  made  out. 

22.  "  on  after  accounts  settled. 

23.  Residue  of  estate,  how  settled. 

24.  Commissioner's  compensation. 

25.  Where    no    property,    administrator 

discharged. 


Section  1.  The  estate  of  any  person  deceased  may,  on  appli- 
cation of  the  administrator,  be  decreed  to  be  administered  as  an 
insolvent  estate,  and  one  or  more  persons  not  exceeding  three,  shall 
be  appointed  commissioners  to  examine  and  allow  the  claims  of 
the  creditors  against  the  estate. 

Sec.  2.  The  commissioner  shall  give  notice  of  the  times  and 
places  by  him  appointed  to  examine  and  allow  such  claims,  in  such 
manner  as  the  judge  shall  in  his  commission  direct,  and  shall  in 
his  report  state  the  times  and  places  of  meeting  and  the  manner 
of  giving  notice  thereof,  and  file  in  the  probate  office  satisfactory 
evidence  of  such  notice. 

Sec.  3.  A  time  not  less  than  six  nor  more  than  nine  months 
from  the  date  of  such  commission,  shall  be  prescribed  by  the  judge 
therein,  for  the  creditors  to  bring  in  and  support  their  claims  against 
such  estate. 

Sec.  4.  The  last  session  of  the  commissioner  shall  be  within 
the  last  seven  days  of  the  time  prescribed  in  his  commission. 

Sec  5.  Before  any  person  shall  enter  upon  the  duties  of  com- 
missioner, he  shall  be  sworn  to  the  faithful  and  impartial  discharge 
thereof,  and  a  certificate  of  such  oath  shall  be  written  on  the  back 
of  the  commission. 


CHAP.   162.]  INSOLVENT    ESTATES.  323 

Sec.  G.  The  commissioner  shall  have  power  to  swear  witnesses, 
and,  if  he  deems  it  expedient,  to  examine  on  oath  the  creditor, 
toucliing  any  claim  exhibited  to  him  for  allowance. 

Sec.  7.  The  commissioner  shall  examine  and  allow  all  jnst 
demands  which  the  deceased  owed,  that  shall  be  exhibited  to  him, 
althongh  snch  demands  may  not  be  payable  at  the  time  of  such 
allowance. 

Sec.  8.  He  shall  allow  interest  on  demands  carrying  interest,  to 
the  expiration  of  tlie  commission,  and  on  demands  not  ordinarily 
carrying  interest,  to  the  same  time,  from  the  death  of  the  testator 
or  intestate ;  bnt  from  demands  not  payable  and  not  on  interest,  he 
shall  discount  such  sum  as  will  reduce  them  to  their  just  present 
value. 

Sec  9.  When  there  are  mutual  demands  between  the  deceased 
and  the  person  claiming  as  a  creditor,  which,  if  due,  might  be 
legally  or  equitably  offset  against  each  other,  the  commissioner, 
if  there  is  a  balance  in  favor  of  such  creditor,  shall  consider  such 
mutual  demands,  and  allow  the  creditor  only  the  balance  justly 
due. 

Sec  10.  If  any  creditor  holds  collateral  security  for  his  debt, 
of  less  value  than  such  debt,  the  commissioner  shall  estimate  the 
value  of  such  security,  and  allow  him  only  the  difference  between 
such  sum  and  his  debt,  and  shall  return  with  his  report  and  give 
to  such  creditor  on  request,  a  certificate  of  such  estimate. 

Sec  11.  If  the  creditor,  being  dissatisfied  with  such  estimate, 
shall  relinquish  his  interest  in  such  security  and  deliver  up  the 
same  to  the  administrator,  the  property  thus  surrendered  shall, 
under  the  direction  of  the  judge,  be  sold  or  disposed  of  by  the  ad- 
ministrator and  the  proceeds  paid  to  the  creditor,  and  the  difference 
between  the  sum  so  paid  him  and  the  amount  of  his  claim,  shall 
be  inserted  upon  the  list  of  claims  in  place  of  the  sum  allowed  by 
the  commissioner. 

Sec  12.  For  a  sufficient  cause  the  judge  may  allow  a  further 
time  or  times  to  the  creditors,  not  exceeding  in  the  whole  two  years 
from  the  date  of  the  original  commission,  in  which  case  the  notice 
originally  ordered,  shall  be  renewed  and  such  farther  notice  given 
as  the  judge  shall  order. 

Sec  13.  If,  during  the  pendency  of  any  such  commission,  any 
commissioner  shall  be  incapacitated  or  prevented  from  discharging 
the  duties  thereof,  the  judge  may  in  any  stage  of  the  proceedings 
substitute  some  other  person  to  complete  such  duties,  who  shall  be 
sworn  as  aforesaid,  or  in  such  case,  for  good  cause  shown,  may  set 
aside  the  commission  and  issue  a  new  one  which  shall  be  deemed 
and  taken  as  the  orighial  commission. 

Sec  14.  At  the  end  of  the  time  limited  in  the  commission,  the 
commissioner  shall  make  his  report  to  the  probate  office,  and  pre- 
sent a  list  of  all  the  claims  presented  for  allowance,  and  the  amount 
allowed  thereon. 


324  INSOLVENT    ESTATES.  [tITLE    XIX. 

Sec.  15.  At  any  time  before  the  decree  of  distribution,  any  errors 
happening  in  the  report  may  by  leave  of  the  court  be  corrected 
by  the  commissioner  ;  but  no  claim  shall  be  diminished  without 
notice  to  the  creditor  or  his  agent,  nor  increased  without  notice  to 
the  administrator,  and  no  new  claim  shall  be  inserted  by  virtue  of 
this  provision. 

Sec.  16.  Claims  of  the  administrator  against  the  estate  shall  not 
be  examined  or  allowed  by  the  commissioner,  but  the  same  shall 
be  examined  and  allowed,  if  just,  by  the  judge  on  the  settlement 
of  his  administration  account,  and  added  to  the  list  of  claims  ; 
notice  of  such  clami  being  given  ui  the  citation  to  the  heirs  and 
others  to  hear  such  account. 

Sec.  17.  If  such  claim  is  contested  by  any  heir  or  creditor,  the 
judge,  unless  the  parties  shall  agree  in  writing  that  he  shall  decide 
it,  shall  refer  the  same  to  one  or  more  referees  whose  report,  when 
accepted  by  the  judge,  shall  be  final,  and  the  amount  allowed 
placed  on  the  list  of  claims. 

Sec.  18.  The  expenses  of  administration,  the  necessary  charges 
for  the  burial  of  the  deceased,  the  allowance  made  by  the  judge  to 
the  widow  out  of  the  personal  estate,  and  all  rates  and  taxes  shall 
be  allowed  by  the  judge  and  first  paid,  giving  preference  to  them 
in  the  order  in  which  they  are  here  placed. 

Sec.  19.  The  claims  for  the  last  sickness  of  the  deceased  shall 
be  designated  as  such  in  the  commissioner's  report,  and  shall  be 
paid  in  full,  if  the  balance  in  the  hands  of  the  administrator,  after 
the  other  payments  before  directed  are  made,  is  sufficient,  otherwise 
such  balance  shall  be  distributed  ratably  to  the  creditors  of  such 
debts,  in  proportion  to  their  respective  claims. 

Sec.  20.  If,  after  payment  in  full  of  the  claims  before  mention- 
ed, any  balance  shall  remain  in  the  hands  of  the  administrator,  it 
shall  be  decreed  to  be  distributed  among  the  other  creditors,  in 
proportion  to  their  respective  claims  allowed  as  aforesaid,  or  in  fidl 
payment  thereof,  Avith  interest. 

Sec.  21.  Such  decree  shall  contain  the  names  of  the  creditors, 
the  sums  allowed  them,  and  the  sums  they  are  respectively  entitled 
to  receive  from  the  administrator  on  such  estate. 

Sec.  22.  The  balance  on  any  second  or  further  account  rendered 
on  such  estate,  shall  be  distributed  in  like  manner,  until  the  credit- 
ors shall  have  received  the  sums  allowed  them  in  full,  with  interest, 
if  the  estate  shall  so  far  extend. 

Sec.  23.  If  any  thing  shall  remain  after  payment  of  the  preferred 
claims,  the  debts  due  from  the  estate  and  for  the  support  of  the 
children,  if  any  under  seven  years  of  age,  such  residue  shall  be 
distributed  among  the  legatees  or  heirs  according  to  law. 

Sec.  24.  The  administrator  shall  pay  the  commissioners  a  rea- 
sonable compensation  for  their  services,  which  shall  be  allowed  by 
the  judge  on  settlement  of  the  account  of  administration. 

Sec.  25.  If  the  estate   of  any  person  deceased,  after  deducting 


CHAP.  163.]  APPEALS    FROM    COMMISSIONERS. 


825 


the  allowance  made  to  the  widow,  shall  be  expended  in  defraying 
the  expenses  of  the  last  sickness  and  fimeral  of  the  deceased,  and 
expenses  of  administration,  the  administrator  on  settlement  of  his 
account  shall  be  wholly  discharged  by  decree  of  the  judge,  from 
all  claims  of  the  creditors  against  such  estate,  without  any  other 
proceedings  whatever. 


CHAPTER  163. 


OF  APPEALS  FROM    COMMISSIONERS. 


Section 

1 .  Creditor  may  appeal,  how  and  when. 

2.  Appeal,  how  prosecuted. 

3.  Administrator  may  appeal. 

4.  Creditor,  how  to  prosecute  his  claim. 

5.  Pleadings  and  proceedings,  what. 

6.  Creditor  not  prosecuting,  barred. 

7.  Administrator  to  recover  costs,  when. 

8.  Creditor  admitted  to  defend,  when. 

9.  Judgment,  how  certified,  by  court. 


Section 

10.  No  review  on  such  appeal. 
IL  Claim  may  be  referred. 

12.  Award,  proceedings  on. 

13.  Claims  not  barred  against  heirs,  when. 

14.  Sureties  not  liable  for  dividends  after 

one  year. 

15.  Demands  not  presented  or  allowed, 

barred. 


Section  1.  Any  creditor  dissatisfied  with  the  decision  of  the 
commissioners  upon  any  claim  by  him  exhibited,  may  appeal 
therefrom  by  petition  to  the  judge,  filed  in  the  probate  office  within 
thirty  days  after  the  acceptance  of  their  report,  and  shall  file  there- 
with a  declaration  in  proper  form  upon  his  claim. 

Sec.  2.  The  judge  shall  order  the  administrator  to  be  served 
with  a  copy  of  such  petition  and  declaration,  and  the  creditor  shall 
enter  his  action  at  the  next  court  of  common  pleas,  and  produce 
attested  copies  of  such  petition,  declaration  and  order  of  notice, 
and  evidence  of  compliance  with  such  order. 

Sec.  3.  If  the  administrator  is  dissatisfied  with  the  allowance 
of  any  claim,  he  may  apjDeal  therefrom  by  petition  to  the  judge, 
filed  in  the  probate  ofiice  within  thirty  days  after  the  acceptance 
of  the  report ;  and  if  the  creditor,  or  his  agent  or  attorney  is  not 
present  to  take  notice  thereof,  the  judge  shall  order  notice  thereof 
to  be  given  to  the  creditor. 

Sec  4,  The  creditor  being  notified  of  such  objection,  shall  file 
his  declaration  within  thirty  days  after,  and  serve  a  copy  thereof 
upon  the  administrator,  and  prosecute  the  same  in  the  manner  pre- 
scribed where  a  creditor  shall  appeal. 

Sec  5.  Upon  such  declaration  such  pleadings  may  be  made, 
issues  joined  and  proceedings  had  as  the  court  may  direct  or  allow. 

Sec  0.  If  the  creditor  shall  fail  to  enter  his  action  in  manner 
aforesaid,  or  to  recover  judgment  thereon,  his  demand  shall  be  for- 


326  APPEALS    FROM    COMMISSIONERS.  [TITLE  XIX. 

ever  barred,  and  whatever  was  allowed  by  the  commissioners,  shall 
be  struck  from  the  list  of  claims. 

Sec.  7.  The  administrator  shall  recover  costs,  if  the  creditor 
fail  to  enter  his  action  upon  filing  a  complaint,  or  if  the  creditor 
appealing  fail  to  recover  more  than  was  allowed  by  the  commis- 
sioner. If  the  appeal  was  taken  by  the  administrator,  the  creditor 
shall  be  allowed  his  costs,  if  the  amount  allowed  him  by  the  com- 
missioner is  not  reduced. 

Sec.  8.  Any  creditor  may  be  admitted  to  defend  such  action 
with  or  without  the  administrator,  giving  such  security  for  costs  as 
the  court  may  order. 

Sec.  9.  The  judgment  of  the  court  of  common  pleas  shall  be 
certified  to  the  judge  of  probate,  and  the  amount  recovered  by  the 
creditor,  including  costs,  shall  be  added  to  the  list  of  claims,  and 
the  sum  allowed  by  the  commissioner,  if  any,  struck  therefrom. 

Sec  10.  There  shall  be  no  review  of  any  judgment  rendered 
on  an  appeal  from  the  judgment  of  commissioners. 

Sec.  11.  If  the  creditor  and  administrator  in  either  of  the  cases 
aforesaid  shall,  within  said  thirty  days,  agree  before  the  judge  to 
submit  the  disputed  claim  to  referees,  a  rule  therefor  shall  be 
granted,  and  their  report  being  accepted  by  the  judge  shall  be  final. 

Sec  12.  The  amount  awarded  by  such  referees  shall  be  added 
to  the  list  of  claims,  and  the  sum  allowed  by  the  commissioner 
struck  therefrom,  and  the  costs  of  reference  may  be  allowed  to 
either  party  by  the  judge  in  his  discretion ;  and  if  allowed  to  the 
creditor,  shall  be  added  to  the  list  of  claims,  and  if  to  the  admin- 
istrator, the  judge  shall  issue  his  warrant  of  distress  therefor. 

Sec  13.  The  remedy  of  any  creditor  against  the  heirs  or  de- 
visees of  any  estate,  upon  any  claim  which  could  not  be  allowed 
by  the  commissioners,  because  it  depended  upon  a  contingency 
which  did  not  happen  during  the  pendency  of  such  commission, 
shall  not  be  barred  by  any  neglect  to  present  the  same  to  the  com- 
missioners. 

Sec  14.  No  surety  of  any  administrator  of  an  insolvent  estate 
shall  be  liable  for  the  sum  decreed  to  be  paid  to  any  creditor, 
unless  a  suit  therefor  shall  be  commenced  against  him  within  one 
year  from  the  making  of  the  decree,  if  the  creditor  had  notice 
thereof  within  six  months  after  such  decree. 

Sec  15.  All  demands  against  any  estate  which  might  be  pre- 
sented to  the  commissioners,  and  were  not  so  presented,  and  all 
demands  so  presented  and  rejected,  and  not  allowed  upon  an  appeal 
as  aforesaid,  shall  be  forever  barred. 


CHAP.   104] 


SALE    OF    REAL    ESTATE. 


327 


CHAPTER  164. 


OF  LICENSE  TO  SELL  REAL  ESTATE. 


Section 
1.  License  to  sell,  when  granted. 


2. 


"        may  include  the  reversion  of 

dower. 
"        may    include    whole    estate, 

when. 
"        not  granted,  if  bond  given. 
Judge  may  limit  amount  and  tracts. 
Sale  of  timber,  &c.,  when  licensed. 


Section 

7.  Judge  may  require  new  bond. 

8.  Administrator's  oath,  form  of. 

9.  Sale  and  conveyance,  how  made. 

10.  License  where  contract  to  convey. 

11.  "       where  sale  authorized  by  will. 

12.  Fraud  in  sale  is  breach  of  bond. 

13.  Evidence  of  sale,  how  perpetuated. 

14.  Sale  must  be  within  two  years. 


Section  1.  The  judge  of  probate,  on  application  of  the  admin- 
istrator, may  grant  license  for  the  sale  of  the  real  estate  of  any 
person  deceased,  or  of  lands  purchased  or  set  off  to  the  adminis- 
trator in  payment  of  debts  due  to  the  estate,  where  the  personal 
property  shall  be  insufficient  to  pay  the  just  demands  by  law 
chargeable  to  the  estate. 

Sec.  2.  Such  license  may  extend  to  the  reversion  of  the  widow's 
dower  or  to  any  interest  in  land  whatever  ;  but  any  other  estate, 
except  a  present  fee,  shall  be  particularly  specified  in  the  application, 
notice  and  license. 

Sec  3.  If  the  real  estate  is  so  situated  that  a  part  thereof  cannot 
be  sold,  without  injury  to  the  persons  interested  therein,  license 
may,  on  application,  be  granted  to  sell  the  whole  of  such  estate, 
though  it  may  be  more  than  sufficient  for  the  payment  of  said 
demands. 

Sec.  4.  No  such  license  shall  be  granted,  if  the  heirs  or  devisees 
will  give  to  the  judge  a  bond,  with  sufficient  sureties,  for  the  pay- 
ment of  such  just  demands  and  to  indemnify  the  administrator 
therefrom. 

Sec.  5.  The  judge  in  such  license  shall  fix  the  sum  of  money 
to  be  raised  by  such  sale,  and  may,  when  he  shall  judge  it  expedi- 
ent, specify  the  tracts  or  parcels  to  be  sold. 

Sec  6.  The  judge  may  grant  license  to  any  such  administra- 
tor to  sell  the  timber  or  wood  growing  or  standing  on  any  real 
estate  of  the  deceased,  whenever  the  sale  thereof,  separate  from 
such  real  estate,  shall  be  beneficial  to  the  persons  interested ;  and 
such  timber  or  wood  shall  be  deemed  to  be  real  estate. 

Sec  7.  The  judge,  either  before  or  after  any  license  to  sell  real 
estate  is  granted,  may  require  from  such  administrator  a  bond,  with 
sufficient  sureties,  to  account  for  the  proceeds  of  such  sale  in  such 
manner  as  the  judge  shall  order. 

Sec.  8.  The  administrator,  before  proceeding  to  act  under  any 
license,  shall  take  the  following  oath: 


•328  SALE    OF    REAL    ESTATE.  [  IITLE  XIX. 

••'  I,  do  solemnly  swear  that  in  disposing  of  such 

estate  of  deceased,  as  I  am  licensed  to  sell,  I  will  use 

my  best  judgment  in  fixing  on  and  advertising  the  time  and  place 
of  sale,  and  will  exert  my  utmost  endeavors  that  the  same  shall  be 
sold  in  such  manner  as  will  be  of  the  greatest  advantage  to  the 
persons  interested  in  said  estate,  without  any  sinister  or  selfish 
views  whatever.      So  help  me  God." 

A  certificate  of  such  oath  shall  be  filed  in  the  probate  ofiice  be- 
fore the  settlement  of  the  account  of  administration. 

Sec.  9.  Every  such  sale  shall  be  made  at  public  auction,  and  the 
administrator  so  authorized  and  sworn,  and  having  so  advertised 
and  sold,  may  execute  and  deliver  a  valid  conveyance  of  the  estate 
sold  to  the  purchaser,  being  the  highest  bidder,  his  heirs  and 
assigns. 

Sec  10.  When  any  person  deceased  shall  have  contracted  in 
writing  to  convey  real  estate,  and  was  prevented  from  making  such 
conveyance  by  death,  and  the  party  contracted  with  has  performed 
or  is  ready  to  perform  the  condition  of  such  contract,  the  judge 
may  grant  a  license  to  the  administrator  to  make  such  conveyance 
as  the  deceased,  if  alive,  would  be  bound  to  make. 

Sec.  11.  When  it  shall  clearly  appear  by  the  will  of  any  person 
deceased,  to  have  been  his  intention  that  his  executor  should  dis- 
pose of  his  real  estate  for  any  lawful  purpose,  but  the  words  used 
are  insufficient  for  that  purpose,  or  when  the  estate  shall  be  admin- 
istered by  some  other  person  than  the  executor  named  therein,  the 
judge  may  grant  license  to  the  administrator  to  sell  the  same,  for 
the  purpose  and  in  the  same  manner  intended  by  the  testator. 

Sec.  12.  In  all  cases,  fraudulent  conduct  in  the  sale  of  real 
estate,  misappropriation  of  the  proceeds  thereof,  or  refusal  to  ac- 
count for  the  same  shall  be  a  breach  of  the  administrator's  bond. 

Sec.  13.  Any  administrator,  purchaser  or  person  interested,  may 
petition  the  judge  to  perpetuate  the  evidence  of  any  facts  set  forth 
in  such  petition,  relative  to  any  proceeding  connected  with  such 
administration,  and  the  judge  after  due  notice  may  decree  that  all 
or  any  of  said  facts  are  proved,  and  such  decree  shall  be  conclu- 
sive evidence  of  those  facts. 

Sec  14.  No  license  shall  be  available  to  sustain  any  sale  made 
by  any  administrator  under  the  same,  unless  made  Avithin  two 
years  from  the  granting  thereof. 


CHAP.  165] 


WIDOW   3    DOWER. 


329 


CHAPTER  165. 


OF  THE  WIDOW'S  ALLOWANCE,  DOWER  AND    DISTRIBUTIVE 

SHARE. 


Section 

1.  Allowance  to  widow  of  intestate. 

2.  "  to  widow  of  a  testator. 

3.  Dower  of   lands    of    which    husband 

died  seized. 

4.  "         not  of  unimproved  lands. 

5.  "         how  estimated. 

6.  "         when  specially  assigned. 

7.  Waste  in  dower  forbidden. 


Section 

8.  Widow's  share,  testator  without  issue. 


9. 

(( 

(( 

intestate  without  issue. 

10. 

" 

" 

property  in   her  right. 

11. 

" 

11 

none,      if     settlement 
made. 

12. 

IC 

(1 

intestate  leaving  issue. 

13. 

(( 

" 

testator  leaving  issue. 

14.  Share  of  widow  in  personal  property. 


Section  1.  The  judge  of  probate  may  make  to  the  widow  of 
any  person  deceased  intestate,  a  reasonable  allowance  out  of  the 
personal  estate,  for  her  present  support,  and  in  the  decree  of  dis- 
tribution of  the  estate  the  whole  or  such  part  thereof  as  the  judge 
may  deem  reasonable,  shall  be  accounted  as  part  of  her  share. 

Sec.  2.  If  the  widow  of  any  person  deceased  testate,  shall 
waive  the  provision  made  for  her  in  the  will,  the  judge  may  make 
to  her  a  similar  allowance. 

Sec  3.  The  widow  of  every  person  deceased,  shall  be  entitled 
to  her  dower  in  the  real  estate  of  which  her  husband  died  seized, 
to  be  assigned  to  her  by  the  court  of  probate  in  one  or  more  par- 
cels thereof  as  may  be  convenient. 

Sec  4.  No  widow  shall  be  entitled  to  dower  in  any  lands,  un- 
less the  same  were,  during  the  marriage  and  seizin  of  the  husband, 
in  a  state  of  cultivation,  or  were  used  or  kept  as  a  wood  or  timber 
lot,  and  occupied  with  some  farm  or  tenement  owned  by  the  hus- 
band. 

Sec  5.  Every  widow  having  right  of  dower,  shall  be  endowed 
of  so  much  of  any  real  estate  of  the  husband,  as  will  produce  a 
yearly  income  equal  to  one  third  of  the  yearly  income  thereof,  at 
the  time  the  husband  died  or  parted  with  his  title. 

Sec  6.  When  the  dower  of  any  widow  cannot  be  conveniently 
and  equitably  assigned  by  metes  and  bounds,  she  shall  be  endowed 
thereof  in  a  special  manner  as  of  the  third  part  of  the  rents  and 
profits  thereof,  to  be  estimated  as  aforesaid. 

Sec  7.  No  widow  shall  commit  or  suffer  any  waste  of  the  land, 
or  real  estate  of  which  she  is  endowed,  but  shall  maintain  the 
same  in  good  repair  during  her  estate  therein,  and  shall  be  answer- 
able to  the  owner  of  the  reversion  for  any  waste  done  or  suffered 
thereupon ;  but  the  consumption  of  necessary  fuel  taken  therefrom, 
at  her  residence,  when  she  shall  not  reside  on  her  dower,  shall  not 
be  deemed  Avaste. 

Sec  8.  The  widow  of  every  person  deceased  testate,  leaving 
42 


330 


DESCENT    AND    DISTRIBUTION.  [TITLE  XIX. 


no  lineal  descendant,  shall  be  entitled  in  addition  to  her  dower, 
to  one  third  part  of  all  the  estate  remaining  after  the  payment  of 
the  debts  and  expenses  of  administration,  if  no  provision  is  made 
for  her  by  the  will  of  the  deceased  or  if  she  shall  waive  such  pro- 
vision. 

Sec.  9.  If  the  deceased  is  intestate  and  leaves  no  such  lineal 
descendant,  the  widow  shall  be  entitled  to  one  half  of  all  the  estate 
remaining  after  the  payment  of  the  debts  and  expenses  of  admin- 
istration, in  addition  to  her  dower. 

Sec.  10.  If  the  widow  in  either  of  the  cases  aforesaid  shall  so 
elect,  she  shall  be  entitled,  including  her  dower,  to  an  amount  of 
the  estate  remaining  after  payment  of  debts  and  expenses  of  ad- 
ministration, not  exceeding  that  which  the  husband  received  from 
her  or  in  her  right  during  coverture. 

Sec.  11.  If  a  settlement  shall  be  made  upon  the  wife  before 
marriage,  the  provisions  of  the  three  preceding  sections  shall  not 
be  in  force  in  such  case. 

Sec.  12.  The  widow  of  any  person  deceased  intestate,  leaving 
lineal  descendants,  shall  be  entitled,  in  addition  to  her  dower,  to 
one  third  part  of  the  personal  estate  after  the  payment  of  the  debts 
and  expenses  of  administration. 

Sec.  13.  The  widow  of  any  testator  deceased,  leaving  lineal 
descendants,  if  there  is  no  settlement  nor  any  provision  made  for  her 
in  his  will,  or  if  she  shall  waive  such  provision,  shall  be  entitled,  in 
addition  to  her  dower,  to  a  portion  of  the  personal  estate  equal  to 
that  which  a  child  would  receive,  if  such  estate  were  equally 
shared  between  the  widow  and  the  children  then  surviving  or 
leaving  issue,  and  not  exceeding  in  any  case  one  third  of  such 
estate. 

Sec.  14.  In  such  case  the  widow,  if  she  shall  so  elect,  shall  be 
entitled  to  one  third  of  the  personal  estate  not  disposed  of  by  the 
will. 


CHAPTER  166. 


OF  DESCENT,  DISTRIBUTION  AND  ADVANCEMENTS. 


Section 

1.  Descent  of  real  estate  regulated. 

2.  Parent,  when  not  entitled. 

3.  Representation,  when  not  allowed. 

4.  Heirs  of  bastards,  who  are. 

5.  Distribution  of  personal  estate. 

6.  State  takes,  if  no  heir  or  devisee. 

7.  "        "        if  no  heir  ascertained. 
8    Advancements  to  bo  allowed. 


Section 

9.  Advancements,  how  settled. 

10.  "  of  real  estate. 

11.  "  of  personal  estate. 

12.  Estate  not  devised,  first  applied. 

13.  Devisees  and  legatees  to  contribute. 

14.  Receipts  to  be  filed  in  probate  office. 

15.  Remedy  for  neglect. 


CHAP.    160.]  DESCENT    AND    DlSlRlBUTlOiN.  S'Sl 

Section  1.  The  real  estate  of  every  person  deceased,  not  de- 
vised, subject  to  any  right  of  dower  or  curtesy,  and  liable  to  be  sold 
by  license  from  the  court  of  probate  in  cases  provided  by  law,  shall 
descend  in  equal  shares — 

First,  To  the  children  of  the  deceased  and  the  legal  representa- 
tives of  such  of  them  as  are  dead ; 

Second,  If  there  be  no  issue,  to  the  father,  if  he  is  living  ; 

Third,  If  there  be  no  issue  nor  father,  in  equal  shares  to  the 
mother,  and  to  the  brothers  and  sisters  or  their  representatives  ; 

Fourth,  To  the  next  of  kin  in  equal  shares. 

Sec.  2.  If  any  person  shall  die  under  age  and  unmarried,  his 
estate  derived  by  descent  or  devise  from  his  father  or  mother,  shall 
descend  to  his  brothers  and  sisters  or  their  legal  representatives, 
if  any,  to  the  exclusion  of  the  other  parent. 

Sec.  3.  No  representation  shall  be  allowed  among  collaterals, 
beyond  the  degree  of  brothers'  and  sisters'  children. 

Sec.  4.  The  heirs  of  a  bastard  in  the  ascending  and  collateral 
lines,  shall  be  the  mother  and  her  heirs,  and  bastards  and  their 
issue  shall  be  the  heirs  of  the  mother,  if  she  has  no  legitimate 
issue. 

Sec.  5.  The  personal  estate  of  any  person  deceased,  not  be- 
queathed, remaining  in  the  hands  of  the  administrator  on  settle- 
ment of  his  administration  account,  shall  be  distributed  by  decree 
of  the  judge — 

First,  To  the  widow,  the  share  thereof  by  law  prescribed  ; 

Second,  The  residue  in  equal  shares  to  the  same  persons  to 
whom  the  real  estate,  if  there  were  any,  would  by  law  descend. 

Sec.  6.  If  there  shall  be  no  heir  or  devisee  of  any  estate,  the 
same  shall  accrue  to  the  State. 

Sec.  7.  If  no  heir  or  legatee  shall  be  ascertained  at  the  expira- 
tion of  three  years  from  the  original  grant  of  administration,  the 
judge  shall  order  the  administrator  to  pay  the  balance  into  the 
state  treasury,  where  it  shall  be  subject  to  the  claim  of  the  persons 
entitled  thereto,  upon  application  to  the  legislature. 

Sec.  8.  If  any  heir  of  any  person  deceased  or  any  person  through 
whom  such  heir  claims,  shall  have  been  advanced  by  the  deceased 
in  his  life  time,  such  advancement  shall  be  accounted,  according  to 
its  value,  as  part  or  the  whole  of  the  share  of  such  heir. 

Sec.  9.  Such  advancements  may  be  taken  into  consideration  in 
the  division  of  the  real  estate,  and  reported  by  the  dividing  com- 
mittee and  decreed  upon  by  the  judge  ;  or  they  may  be  considered 
and  adjusted  by  the  judge  in  the  decree  of  distribution  of  the  per- 
sonal estate. 

Sec.  10.  No  deed  of  real  estate  shall  be  deemed  an  advancement, 
unless  the  same  is  expressed  to  be  made  for  love  or  affection,  or 
unless  it  be  proved  to  be  an  advancement  by  some  acknowledg- 
ment signed  by  the  party  receiving  the  same. 

Sec.  11.  No   personal    property  delivered  shall   be   deemed  an 


332 


DIVISION    OF    ESTATE. 


[title  XIX. 


advancement,  unless  proved  to  be  such  by  an  acknowledgment  in 
writing  signed  by  the  party  receiving  it,  or  by  some  charge  or 
memorandum  thereof  in  writing  made  by  the  deceased  or  by  his 
order,  or  unless  delivered  expressly  as  an  advancement,  in  the 
presence  of  two  witnesses  who  were  requested  to  take  notice 
thereof. 

Sec.  12.  The  estate  real  and  personal,  not  specifically  devised 
or  bequeathed,  shall  be  first  liable  to  the  payment  of  the  legal 
charges  against  the  estate  and  legacies  given  by  the  will,  and  to  be 
applied  to  make  up  the  share  of  any  child  born  after  the  decease 
of  the  testator,  or  of  any  child  or  issue  of  any  child  omitted  or  not 
provided  for  in  the  will. 

Sec.  13.  If  the  same  is  not  sufficient,  the  property  devised  and 
bequeathed  shall  be  liable  therefor,  and  the  judge  may  settle  and 
adjust  by  his  decree  the  amount  of  such  liabilities,  so  that  each 
devisee  and  legatee  may  contribute  in  just  proportion  thereto  ;  and 
such  liabilities  may  be  taken  into  consideration  and  allowed  in  the 
division  of  the  real  estate,  and  in  granting  license  for  the  sale  of 
real  estate,  and  in  the  decree  of  distribution  of  the  personal  estate, 
as  the  case  may  require. 

Sec.  14.  Every  administrator,  upon  the  payment  of  any  legacy 
or  distributive  share  of  any  estate,  shall  take  a  lawful  receipt  and 
discharge  therefor  and  file  the  same  in  the  probate  office,  to  be 
there  recorded  and  preserved,  the  time  of  its  being  so  filed  being 
certified  upon  it  by  the  register. 

Sec.  15.  Any  administrator  may  be  cited  by  the  judge  of  pro- 
bate, upon  complaint  of  any  surety  or  the  legal  representative  of 
such  surety,  to  file  such  receipt  or  discharge  in  the  probate  office ; 
and  if  he  shall  neglect  or  refuse  so  to  do,  he  shall  forfeit  twenty 
dollars  and  the  like  sum  for  every  thirty  days'  neglect  afterwards, 
to  be  recovered  by  such  complainant,  unless  the  judge  shall  on  a 
hearing  certify  the  reasons  of  the  omission  to  be  sufficient. 


CHAPTER   167. 


OF  THE  DIVISION  OF  REAL  ESTATE  AMONG  HEIRS  AND  DEVISEES. 


Section 

1 .  Dower  and  shares  of  heirs,  &c.,  to  be 

set  off,  how. 

2.  Committee  to  give  notice  of  hearing. 

3.  Their  report  final,  after  due  notice. 

4.  No  committee  till  guardians  or  agents 

appointed. 


Section 

5.  Real  estate,  when  assigned  to  one. 

6.  Order  of  preference  in  such  case. 

7.  Part  assigned  to  one,  when  and  how. 

8.  Division  of  estates  in  common  made, 
n.  Heirs  to  give  bond,  in  what  cases. 

10.  Reversion  of  dower  may  be  assigned. 


CHAP.    167.]  DIVISION    OF    ESTATE.  333 

Section  1.  The  judge  may  cause  the  dower  and  share  of  the 
widow,  and  the  shares  of  any  or  all  of  the  heirs  or  devisees  in  the 
real  estate  of  any  person  deceased,  or  any  part  of  it,  and  in  the 
widow's  dower  after  it  shall  have  reverted,  to  be  divided  and  as- 
signed to  them  in  severalty,  according  to  their  respective  interests, 
in  one  or  more  parcels  as  may  be  convenient. 

Sec.  2.  A  committee  of  three  or  five  suitable  persons  shall  be 
appointed  by  the  judge  after  due  notice,  who  shall  be  sworn  and 
shall  give  to  all  parties  interested,  their  guardians,  agents  or  attor- 
neys reasonable  notice  when  they  will  proceed  to  make  such  di- 
vision, and  shall  certify  in  their  report  that  they  have  given  such 
notice,  and  to  whom,  and  the  names  of  the  parties  who  appeared 
before  them. 

Sec.  3.  The  written  report  of  such  committee  made  after  due 
notice  and  hearing,  being  accepted  by  the  judge  after  due  notice, 
shall  be  final  and  conclusive  upon  all  parties. 

Sec.  4.  No  committee  shall  be  appointed  to  make  such  division 
until  guardians  or  agents,  at  the  discretion  of  the  judge,  have  been 
appointed  for  all  minors  and  persons  interested,  who  are  incapaci- 
tated to  take  care  of  their  estates,  and  agents  appointed  by  the 
judge  to  represent  and  act  for  those  interested,  who  are  out  of  the 
State. 

Sec  5.  If  any  real  estate  cannot,  in  the  opinion  of  the  commit- 
tee, be  divided  among  all  the  heirs  or  devisees  without  great 
prejudice,  they  shall  appraise  the  same  at  its  just  value,  giving  a 
general  description  thereof,  and  make  return  of  their  doings ;  and 
if  the  same  shall  be  approved  by  the  judge,  he  may  assign  the 
whole  to  one  or  more  of  the  heirs,  they  paying  to  the  other  heirs 
or  devisees  their  respective  just  shares  of  the  appraised  value,  or 
giving  bonds  to  the  judge,  with  sufficient  sureties,  to  pay  the  same 
with  interest  at  such  periods  as  he  shall  order. 

Sec  6.  In  such  assignment,  the  oldest  male  heir  or  devisee  who 
will  accept  it,  and  if  there  be  none  such,  the  oldest  female  heir  or 
devisee  who  will  accept  it,  shall  be  preferred,  and  between  heirs 
and  devisees  of  different  degrees,  the  nearest  of  kin  shall  be  pre- 
ferred. 

Sec  7.  If  any  part  of  the  real  estate  shall  be  of  greater  value 
than  the  share  of  an  heir  or  devisee,  and  cannot  without  great 
prejudice  be  divided,  the  whole  of  it  may  be  assigned  to  one  of  the 
heirs  or  devisees,  paying  such  sums  of  money  to  the  heirs  or  devi- 
sees who  shall  thereby  have  less  than  their  share,  as  the  committee 
shall  award,  or  giving  bond  to  the  judge,  with  sufficient  sureties, 
to  pay  the  same  at  such  periods  as  he  may  order. 

Sec  8.  If  any  estate  to  be  divided  or  assigned  as  aforesaid,  shall 
be  in  common  with  the  estate  of  any  other  person,  the  judge  upon 
due  notice  to  such  persons  may,  in  his  warrant,  authorize  the  com- 
mittee to  make  severance  and  division  between  the  estates  so  held 
in  common. 


334 


TRUSTEES. 


[title    XIX. 


Sec.  9.  Every  person  to  whom  any  estate  whatever  of  a  person 
deceased  shall  be  decreed  to  be  set  off,  assigned,  paid  or  secured, 
shall,  if  required,  give  bond  to  the  judge  of  probate,  with  sufficient 
sureties,  to  pay  to  the  administrator,  in  default  of  other  estate  in 
his  hands,  his  ratable  proportion  of  the  just  demands  with  which 
the  estate  may  be  chargeable. 

Sec.  10.  The  reversion  of  the  widow's  dower  may,  if  the  parties 
request  it,  be  set  off,  divided  or  assigned  with  the  other  real  estate 
at  its  just  value,  to  be  estimated  by  the  committee. 


CHAPTER  168. 


OF  TRUSTEES  OF  ESTATES. 


Section 

1.  Trustees  to  give  bond — their  duties. 

2.  Bond,  when  not  required. 

3.  Trustee   refusing   to   give   bond,   de- 

clines. 

4.  Trustee  may  resign,  when. 

5.  Judge  may  appoint  trustee,  when. 


Section 

6.  Estate  vests  in  such  trustee,  when. 

7.  Trustee  may  be  removed,  when. 

8.  Trustee  appointed  to  receive  and  man- 

age estate. 

9.  Judge  may  authorize  sale  of  property 

and  control  its  manacrement. 


Section  1.  Every  trustee  to  whom  any  estate  real  or  personal 
shall  be  devised  in  trust  for  any  minor  or  other  person,  by  the  will 
of  any  person  deceased,  shall  give  bond  to  the  judge  of  probate, 
with  sufficient  sureties,  in  such  sum  as  the  judge  may  order,  con- 
ditioned— 

First,  That  the  trustee  shall  make  and  file  in  the  probate  office 
a  true  inventory  of  the  real  estate,  goods,  chattels,  rights  and 
credits  so  devised,  at  such  time  as  the  judge  shall  order  ; 

Secondly,  That  he  will  annually  render  an  account  to  the  said 
judge  of  the  animal  income  and  profit  thereof; 

Third Ijj,  That  at  the  expiration  of  said  trust  he  will  adjust  and 
settle  his  accounts  with  the  judge,  and  pay  and  deliver  over  all 
balances,  money  and  property  with  which  he  has  been  intrusted  ; 
and, 

Fourthly,  That  he  will  faithfully  execute  such  trust  according 
to  the  true  intent  of  the  devisor. 

Sec.  2.  If  the  testator  in  his  will  has  directed  or  if  the  parties 
interested  in  such  trust  property,  being  of  age  and  capable,  shall 
request  that  no  such  bond  be  taken,  the  trustee  shall  not  be  required 
to  give  such  bond,  so  long  as  he  shall  continue  faithfully  to  execute 
the  trust. 

Sec.  3.  Any  person  appointed  a  trustee  as  aforesaid,  who  shall 
neglect  or  refuse  to  give  such  bond,  shall  be  considered  as  having 
declined  the  acceptance  of  such  trust. 


CHAP.   1G9.]  TRUSTEES BONDS    AND    SUITS.  385 

Sec.  4.  Any  trustee  so  appointed  or  appointed  by  the  jndge  in 
pursuance  of  this  chapter,  may  upon  request  in  writing  to  the 
judge,  be  permitted  to  resign  the  trust,  if  the  judge  shall  think  it 
expedient. 

Sec.  5.  If  any  trustee  appointed  in  any  will,  no  provision  being 
made  therein  for  perpetuating  the  trust,  shall  decline  accepting  the 
same,  or  shall  die,  or  shall  resign  or  be  removed,  a  trustee  may  be 
appointed  by  the  judge  in  his  stead,  after  notice  to  the  persons  in- 
terested in  such  trust  estate. 

Sec.  6.  Every  trustee  so  appointed  by  the  judge,  shall  be  bound 
by  the  provisions  of  this  chapter  in  the  same  manner  as  if  he  were 
appointed  by  such  last  will,  and  the  estate  so  given  in  trust  shall 
vest  in  such  trustee  in  like  manner,  to  all  intents  and  purposes,  as 
the  same  vested  in  the  original  trustee  under  such  will. 

Sec.  7.  Any  trustee  who  shall  become  disqualified  for  the  dis- 
charge of  the  trust  by  becoming  insane,  or  otherwise  incapable,  or 
evidently  unsuitable  for  the  execution  of  the  trust,  or  who  shall 
neglect  or  refuse  to  comply  with  the  provisions  of  this  chapter, 
may,  after  notice  to  such  trustee  and  other  parties  interested,  be 
removed  by  the  judge. 

Sec.  8.  Any  trustee  appointed  by  the  judge,  shall  demand  and 
receive  of  the  original  trustee,  all  such  estate  as  shall  have  come 
to  his  hands  by  virtue  of  such  trust,  and  shall  manage,  pay  and 
deliver  over  such  property  or  the  income  thereof,  in  the  same  man- 
ner and  under  the  same  obligations  and  duties  as  guardians  are 
now  by  law  obliged  to  do. 

Sec.  9.  The  judge  of  probate,  on  application  of  any  such  trustee 
or  any  person  interested,  may,  after  notice  to  all  persons  interested, 
authorize  and  require  such  trustee  to  sell  any  property  so  holden  in 
trust,  and  to  invest  the  proceeds  of  such  sale  in  such  manner  as 
will  be  most  for  the  interest  of  all  persons  concerned  therein,  and 
such  judge  may  from  time  to  time  make  such  orders  and  decrees 
as  he  may  think  just  and  reasonable,  in  relation  to  the  sale,  man- 
agement, investment  and  disposition  of  such  trust  property,  and  to 
the  settlement  of  the  account  of  such  trustee. 


CHAPTER  169. 


OF  BONDS  TO  THE  JUDGE  AND  SUITS  THEREON. 


Section 

1.  Bonds  to  be  made  to  the  judge. 

2.  New  bonds  may  be  required,  when. 

3.  Sureties  may  be  discharged,  how. 

4.  License  to  sue  bond,  how  given. 


Section 

5.  Names  of  parties  endorsed  on  writ. 

6.  Suits  on  bond,  how  brought. 

7.  Judgment,  security  for  all  interested. 

8.  Execution  awarded  to  parties,  how. 


836 


BONDS    AND    SUITS. 


[title    XIX. 


Section 
9.  Sucli  parties  deemed  creditors. 

10.  Order  of  attachments  to  control. 

11.  Others  admitted  to  prosecute,  how. 

12.  Scire  facias  on  judgment,  when. 

13.  Execution  awarded  thereon. 


Section 

14.  Judgment     not    a    bar     against    an 

obligor. 

15.  Nor  against  any  other  claimant. 

16.  Costs,  how  recovered. 

17.  No  review  of  such  action  allowed. 


Section  1.  All  bonds  hereafter  given  to  a  judge  of  probate,  shall 
be  made  to  "  the  judge  of  probate  for  the  county  of  ," 

without  naming  the  incumbent  of  the  office. 

Sec.  2.  If  the  sureties  or  the  penalty  in  any  bond  given  to  the 
judge  of  probate,  shall  be  insufficient,  the  judge  shall  require  the 
principal  therein  to  furnish  new  bonds,  with  satficient  penalty  and 
sureties,  and  upon  refusal  or  neglect  after  due  notice  and  a  reason- 
able time  allowed,  shall  revoke  the  trust  of  such  principal. 

Sec  3.  The  judge  of  probate,  on  application  of  any  surety, 
may  require  ncAV  bonds  to  be  filed,  and  after  due  notice  may,  in 
his  discretion,  discharge  such  surety  from  all  further  responsibility 
upon  such  bond. 

Sec  4.  Any  person  interested  in  any  bond  given  to  a  judge  of 
probate,  may  apply  to  the  judge  for  an  order  for  the  suit  thereof, 
setting  forth  his  claim  intended  to  be  recovered  in  such  suit,  and 
the  judge  after  due  notice  and  hearing  the  parties,  may  make  such 
order,  upon  the  applicant  giving  bond,  with  sufficient  sureties,  to 
pay  the  costs  which  may  be  adjudged  against  him. 

Sec.  5.  The  name  and  residence  of  every  person  at  whose 
request  such  order  is  made  and  suit  instituted,  shall  be  endorsed  on 
the  writ  before  the  service  thereof,  with  a  brief  statement  of  his 
claim. 

Sec  6.  In  such  suits,  the  defendants  shall  be  called  to  answer 
to  "  the  judge  of  probate   for  the  county  of  ,"  without 

mentioning  the  name  of  the  judge  to  whom  the  bond  was  given, 
or  who  fills  the  office  ;  and  no  suit  on  any  such  bond  shall  be 
abated  or  discontinued  by  any  vacancy  or  change  in  the  office  of 
judge. 

Sec  7.  When  it  shall  appear  upon  confession,  verdict,  demurrer 
or  in  any  other  way,  that  the  penalty  of  such  bond  is  forfeited, 
judgment  shall  be  rendered  against  the  defendant  for  such  penalty, 
and  such  judgment  shall  be  a  security  for  all  interested. 

Sec  8.  Upon  a  hearing  in  chancery  on  such  forfeiture,  the  court 
shall  examine  and  ascertain  the  claims  of  the  parties  whose  names 
are  endorsed  upon  the  writ,  and  judgment  shall  be  rendered  for 
such  parties  respectively,  for  the  amount  so  ascertained,  "  that  the 
judge  of  probate  for  the  county  of  now  have  execution  for 

,  being  part  of  the  penalty  forfeited,  and  costs  taxed  at  , 

for  the  use  of  A.  B.  of  C,"  with  such  further  description  as  the 
com't  may  deem  expedient. 

Sec.  9.  The  party  for  whose   use  such  judgment  shall  be  ran- 


CJIAI'.    I(?J.J  liO.NDS     AND     SLITS.  337 

dered,  may  sue  out  execution  thereon  and  shall  be  taken  to  be  the 
creditor ;  and  if  such  execution  is  levied  on  real  estate,  the  same 
shall  vest  in  such  party  as  it  would  do  if  he  were  the  nominal  as 
well  as  real  plaintiff  in  the  suit,  and  the  attachment  made  on  the 
original  writ  shall  enure  to  his  benefit  in  the  same  manner. 

Sec.  iO.  If  there  be  more  than  one  party  for  whose  use  such 
executions  may  be  awarded,  the  order  of  priority  in  the  attachment 
shall  be  as  designated  in  the  endorsement  on  the  original  writ, 
and  if  there  be  no  such  designation,  in  the  order  in  which  the 
names  are  endorsed. 

Sec.  11.  During  the  pendency  of  such  suit,  the  court,  on  motion, 
may  order  the  name  of  any  person  interested  to  be  endorsed  on  the 
original  writ  in  manner  aforesaid,  and  he  shall  thereupon  be  entitled 
to  the  same  rights  as  if  his  name  had  been  so  endorsed  before  the 
service  of  such  writ,  but  subsequent  to  the  other  endorsers,  upon 
his  giving  bond  with  sureties  for  the  payment  of  costs. 

Sec.  12.  After  judgment  for  the  penalty  of  such  bond,  any  per- 
son interested,  upon  giving  bond  to  the  judge  of  probate,  with 
sufficient  siueties,  for  the  payment  of  such  costs  as  may  be  adjudged 
against  him,  may  sue  out  a  scire  facias  on  such  judgment  to  show 
cause  why  execution  should  not  be  awarded  for  his  use  out  of  the 
same. 

Sec.  13.  On  such  scire  facias  the  claim  of  such  person  shall  be 
examined,  and  execution  therefor  awarded  in  manner  aforesaid,  and 
he  shall  be  taken  to  be  the  creditor  as  aforesaid. 

Sec.  14.  No  suit  or  judgment  on  such  bond  shall  operate  as  an 
abatement  or  bar  to  any  suit  thereon,  against  any  obligor  against 
whom  no  suit  has  been  commenced  or  judgment  rendered. 

Sec  15.  A  judgment  in  favor  of  the  obligors  shall  in  no  case 
operate  as  a  bar  to  any  suit  thereon,  for  the  benefit  of  a  different 
claimant  or  of  the  same  claimant  for  a  different  claim. 

Sec  16.  Execution  may  be  awarded  for  costs  adjudged  to  the 
defendants  in  any  such  suit,  against  the  parties  for  whose  benefit 
the  suit  was  brought  or  maintained,  or  the  defendants  may  have 
their  remedy  on  the  bonds  taken  in  the  probate  office  therefor. 

Sec  17.    Neither  party  shall  have  a  right  of  review  in  any  suit 
upon  a  probate  bond. 
43 


338 


APPEALS — PROBATE    COURT.  [TITLE    XIX. 


CHAPTER  170. 


OF  APPEALS  FROM  THE  COURT  OF  PROBATE. 


Section 

1.  Who  may  appeal  from  decree. 

2.  Appeal,  how  claimed. 

3.  Bonds  to  be  given  to  prosecute. 

4.  Notice  of  appeal  to  be  given 

5.  Costs  for  appellant,  when. 

6.  Neglect  to  prosecute,  costs  on. 


Section 

7.  Appeal  allowed  within  two  years, when. 

8.  Notice  of  such  petition  given. 

9.  Appeal,  where  determined. 

10.  Costs,  how  secured  and  allowed. 

11.  Trial  by  jury,  in  what  cases. 

12.  Time  when  decision  takes  effect. 


Section  1.  Any  person  aggrieved  by  any  decree,  order,  appoint- 
ment, grant  or  denial  of  any  judge  of  probate,  which  may  conclude 
his  interest  and  which  is  not  strictly  interlocutory,  may  appeal 
therefrom  to  the  superior  court  of  judicature  next  to  be  holdeii  in 
the  county. 

Sec.  2.  Such  appeal  shall  be  claimed  within  sixty  days  from 
the  time  of  making  such  decision  and  not  after,  in  writing  signed 
by  the  party  appealing  or  his  attorney,  setting  forth  his  interest 
therein  and  the  reasons  of  his  appeal. 

Sec.  3.  The  person  appealing  shall  give  bond  with  sufficient 
surety  to  prosecute  his  appeal  with  effect,  and  to  pay  all  such  costs 
as  shall  be  awarded  against  him  by  the  superior  court. 

Sec.  4.  Notice  shall  be  immediately  given  of  such  appeal  and 
of  the  court  at  which  it  will  be  entered  and  prosecuted,  in  some 
newspaper  printed  in  the  county,  if  such  there  be,  otherwise  in 
some  newspaper  printed  in  the  State. 

Sec.  5.  If  the  decision  of  the  judge  of  probate  is  reversed  or 
altered,  the  superior  court  shall  tax  costs  for  the  appellant,  other- 
wise for  the  appellee,  and  may  issue  execution  therefor. 

Sec.  6.  If  such  appeal  shall  not  be  prosecuted,  any  person  inte- 
rested may  file  a  complaint  before  the  court  appealed  to,  and  have 
the  decision  appealed  from  affirmed,  and  judgment  and  execution 
for  his  costs. 

Sec.  7.  Any  person  aggrieved  by  any  such  decision  of  a  judge 
of  probate,  who  was  prevented  from  appealing  therefrom  within 
said  sixty  days  through  mistake,  accident  or  misfortune,  and  not 
from  his  own  neglect,  may  petition  the  said  superior  court,  at  any 
time  within  two  years  thereafter,  to  be  allowed  an  appeal,  setting 
forth  his  interest,  his  reasons  for  appealing  and  the  causes  of  his 
delay. 

Sec.  8.  Upon  such  petition,  an  order  of  notice  shall  be  issued, 
requiring  the  petition  and  such  order  to  be  published  in  some 
newspaper  three  weeks  successively,  the  last  publication  thereof  to 
be  at  least  thirty  days  before  the  sitting  of  said  superior  court  to 
which  it  is  returnable. 


CHAP.  171.] 


COURTS SUPERIOR  COURT. 


339 


Sec.  9.  If  it  shall  appear  that  the  petitioner  has  not  unreasona- 
bly neglected  to  appeal,  and  that  injustice  has  been  done  by  the 
decision  of  the  judge  of  probate,  such  appeal  shall  be  allowed, 
heard  and  tried  on  such  petition. 

Sec.  10.  The  court  may  require  the  appellant  to  give  security 
for  costs,  and  costs  may  be  allowed  to  either  party  at  the  discretion 
of  the  court. 

Sec  11.  On  such  appeal,  if  any  fact  material  to  the  cause  shall 
be  disputed,  the  court  may  direct  an  issue  proper  to  try  such  fact 
to  be  formed,  and  ascertain  the  same  by  the  verdict  of  a  jury. 

Sec  12.  Every  decision  of  a  judge  of  probate,  so  far  as  the 
same  shall  be  affirmed  or  unaltered  by  the  superior  court  upon  ap- 
peal, shall  be  considered  to  have  been  in  force  from  the  time  the 
same  was  made  or  passed  by  the  judge  of  probate. 


TITLE  XX. 

OF  COURTS  AND   THEIR  OFFICERS. 


Chapter  171.  Of  the  superior  court. 

Chapter  172.  Of  the  coiirt  of  common  pleas. 

Chapter  173.  Of  the  adjournment  of  courts. 

Chapter  174.  Of  clerks  of  courts. 

Chapter  175.  Of  justices  of  the  peace. 

Chapter  176.  Of  juries. 

Chapter  177.  Of  attorneys. 

Chapter  178.  Of  sheriffs. 

Chapter  179.  Of  coroners  and  constables. 


CHAPTER    171. 

OF  THE  SUPERIOR  COURT  OF  JUDICATURE. 


Section 

1.  Superior  court,  how  constituted. 

2.  Jurisdiction  in  cases  at  common  law. 

3.  "  as  to  special  writs. 

4.  "  to  correct  errors  of  other 

coiuts. 


Section 

5.  Jurisdiction  given  by  statute. 

6.  Chancery  powers  of  court. 

7.  Powers  in  case  of  injunctions. 

8.  Issues  of  fact,  how  determined. 
9    Rules  of  practice  adopted. 


340 


SUPERIOR    COURT    OF    JUDICATURE.        [tITLE    XX 


Section 

10.  Quorum,  what  constitutes. 

11.  Judicial  districts  formed. 

12.- Terms  of  the  court,  when  holden. 


Sectio.h 

13.  Court  in  district  to  be  for  each  county. 

14.  Powers  and  duties  of  clerks. 


Section  1.  The  superior  court  of  judicature  shall  consist  of  a 
chief  justice  and  two  associate  justices,  appointed  and  commissioned 
as  prescribed  by  the  constitution. 

Sec.  2.  The  said  court  shall  have  jurisdiction  of  all  pleas  real, 
personal  and  mixed,  and  of  all  civil  actions  and  criminal  proceed- 
ings commenced  according  to  the  course  of  the  common  law,  which 
may  be  legally  brought  before  them. 

Sec  3.  The  said  court  shall  have  exclusive  authority  to  issue 
writs  of  error,  certiorari,  mandamus,  prohibition  and  quo  Avarranto, 
and  may  issue  writs  of  habeas  corpus  and  all  other  writs  and  pro- 
cesses to  courts  of  inferior  jurisdiction,  to  corporations  and  indi- 
viduals, for  the  furtherance  of  justice  and  the  due  administration 
of  the  laws. 

Sec.  4.  The  said  court  shall  have  the  general  superintendence 
of  all  courts  of  inferior  jurisdiction,  for  the  prevention  and  correc- 
tion of  errors  and  abuses,  where  thg  laws  have  not  expressly 
provided  a  remedy. 

Sec  5.  The  said  court  shall  have  jurisdiction  of  all  questions 
of  divorce  and  alimony,  and  all  appeals  from  courts  of  probate 
and  applications  therefor,  all  applications  for  review  or  new  trial 
founded  on  any  statute,  petitions  for  the  redemption  and  foreclosure 
of  mortgages,  petitions  for  partition  of  real  estate,  of  proceedings 
relating  to  the  forfeiture  of  any  estate  or  franchise  granted  by  the 
State,  and  of  all  actions  and  questions  whatever  which  shall  be 
transferred  from  the  courts  of  common  pleas  for  decision  according 
to  law. 

Sec  6.  The  said  court  shall  have  power  to  hear  and  determine, 
as  a  court  of  equity,  in  cases  of  grants,  devises  and  appointments 
of  any  real  or  personal  property  for  any  charitable  use,  in  all  cases 
of  trust,  fraud,  accidents  or  mistakes,  in  cases  respecting  the  adjust- 
ment of  the  concerns  of  copartners,  joint  tenants  and  tenants  in 
common,  in  cases  respecting  the  redemption  and  foreclosm'e  of 
mortgages,  in  cases  respecting  the  assignment  of  dower  where  the 
probate  court  has  not  jmisdiction,  in  cases  respecting  the  secreting 
and  withholding  any  personal  property  where  there  is  not  a  plain, 
adequate  and  sufficient  remedy  at  common  law,  in  suits  to  compel 
the  specific  performance  of  contracts,  and  in  suits  for  discovery  in 
cases  where  a  discovery  may  be  lawfully  required. 

Sec  7.  The  said  court  may  grant  writs  of  injunction,  whenever 
the  same  shall  be  necessary  to  prevent  injustice,  and  any  justice  of 
said  court  may  issue  writs  of  injunction  to  stay  proceedings  or 
waste  until  the  end  of  the  next  term  of  said  court  in  any  county, 
unless  sooner  dissolved. 

Sec  8.   No  jurors  shall  be  summoned  at  the  superior  court  :   Imt 


CHAP.  171.]         SUPERIOR    COURT    OF    JUDICATURE.  341 

if  it  shall  be  found  necessary  in  any  case  to  ascertain  any  facts  by 
a  jnry,  an  issue  shall  be  made  up,  under  the  direction  of  said  court, 
and  transmitted  to  the  court  of  common  pleas  for  trial,  and  the  ver- 
dict of  the  jury  thereon  shall  be  certified  to  said  superior  court, and 
judgment  rendered  thereon  as  the  case  may  require. 

Sec.  9.  The  justices  of  the  superior  court  shall  make,  from  time 
to  time,  all  necessary  rules  and  orders  for  conducting  the  business 
in  said  court  and  in  the  court  of  common  pleas. 

Sec.  10.  If  two  of  the  justices  of  said  court  shall  be  legally 
disqualified  to  act  as  such  in  any  case,  the  other  justice  shall  hear 
and  determine  such  case,  and  shall  have  all  the  powers  of  the 
court. 

Sec.  11.  For  the  business  of  the  superior  court  the  State  is  di- 
vided into  five  judicial  districts,  as  follows  : 

District  No.  1,  to  consist  of  the  counties  of  Rockingham  and 
Strafford  ; 

District  No.  2,  of  the  counties  of  Merrimack  and  Hillsborough  ; 

District  No.  3,  of  the  counties  of  Cheshire  and  Sullivan ; 
yf3istrict  No.  4,  of  the  counties  of  Belknap  and  Carroll  ;  and 
^District  No.  5,  of  the  counties  of  Grafton  and  Coos. 

Sec  12.  The  superior  court  shall  be  holden  annually  within 
said  districts,  at  the  times  and  places  following  : 

At  Exeter,  on  the  third  Tuesday  of  July,  and  at  Dover,  on  the 
third  Tuesday  of  December,  for  the  counties  of  Rockingham  and 
Strafford  ; 

At  Concord,  on  the  second  Tuesday  of  July,  and  at  Amherst,  on 
the  second  Tuesday  of  December,  for  the  counties  of  Merrimack 
and  Hillsborough ; 

At  Keene,  on  the  first  Tuesday  of  December,  and  at  Newport, 
on  the  first  Tuesday  of  July,  for  the  counties  of  Cheshire  and 
Sullivan  ; 

At  Ossipee,  on  the  fourth  Tuesday  of  July,  and  at  Oilman  ton, 
on  the  fourth  Tuesday  of  December,  for  the  comities  of  Belknap 
and  Carroll  ; 

At  Haverhill,  on  the  Tuesday  next  after  the  fourth  Tuesday  of 
December,  at  Plymouth,  on  the  Tuesday  next  after  the  fourth 
Tuesday  of  July,  and  at  Lancaster,  on  the  Tuesday  next  after  the 
term  of  said  court  at  Plymouth. 

Sec  13.  The  said  court  sitting  in  any  county  in  any  district, 
shall  have  jurisdiction  and  may  take  cognizance  of  all  matters 
arising  in  either  county  or  counties  belonging  to  the  district,  in  the 
same  manner  as  though  such  matters  had  arisen  within  the  county 
where  the  court  is  sitting. 

Sec  14.  The  clerk  of  the  superior  court  in  each  county  shall 
attend  at  each  term  of  said  court  within  the  district  to  which  his 
county  belongs ;  and  under  the  direction  of  the  court,  discharge 
his  duties  in  relation  to  the  business  of  his  own  county,  in  the 
same  manner  as  if  the  court  Avere  sitting  therein. 


342  COURT    OF    COMMON    PLEAS.  [TITLE  XX. 


CHAPTER   172. 


OF  THE  COURT   OF  COMMON  PLEAS. 


Section 

1.  Court,  how  constituted. 

2.  Quorum  of  justices,  what. 

3.  Jurisdiction  original  in  civil  cases. 

4.  "  in  criminal  cases. 

5.  "  of  appeal,  and  highways. 

6.  "  to  try  issues  of  fact. 

7.  Bills  of  exceptions. 


Section 

8.  Transfer  of  questions  of  law. 

9.  Decision  thereof,  how  certified. 

10.  Disqualification  of  judges. 

11.  Terms  of  the  court. 

12.  Chapters  171  and  1 72,  when  to  take 

effect. 


Section  1.  The  court  of  common  pleas  shall  consist  of  the  jus- 
tices of  the  superior  court,  of  two  justices  of  the  court  of  common 
pleas,  to  be  appointed  and  commissioned  as  prescribed  by  the  con- 
stitution, and  of  the  justices  of  the  court  of  common  pleas  appoint- 
ed for  each  county.  The  chief  justice  of  the  superior  court  shall 
be  chief  justice  of  the  court  of  common  pleas,  and  the  chief  or 
senior  justice  of  the  superior  court  present  at  any  court  of  common 
pleas,  shall  preside ;  and  if  no  justice  of  the  superior  court  be  pre- 
sent, the  senior  circuit  justice  present  shall  preside. 

Sec.  2.  The  court  of  common  pleas  shall  be  holden  by  one  or 
more  justices  of  the  superior  court,  or  one  or  more  circuit  justices, 
and  one  or  both  judges  of  the  court  of  common  pleas  for  the  coun- 
ty ;  but  if  the  justice  of  the  superior  court  or  the  circuit  justice 
presiding,  shall  be  disqualified  or  decline  sitting  in  any  case,  and 
no  other  justice  of  the  superior  court  or  circuit  justice  be  present, 
the  county  judges  shall  be  a  quorum  for  all  purposes. 

Sec.  3.  The  court  of  common  pleas  shall  have  original  jurisdic- 
tion of  all  civil  actions  in  which  the  proceedings  shall  be  according 
to  the  course  of  the  common  law,  except  in  cases  where  justices 
of  the  peace  have  jurisdiction,  and  Avhere  the  proceedings  must  be 
commenced  by  writs  of  which  the  superior  court  has  exclusive 
jurisdiction,  and  in  all  other  cases  provided  by  law. 

Sec.  4.  The  said  court  shall  have  original  jurisdiction  in  all 
criminal  cases  whatever,  except  such  as  are  within  the  jurisdiction 
of  justices  of  the  peace.  Two  justices  of  the  superior  court  shall 
be  present  at  the  trial  of  every  person  who  shall  be  charged  with 
any  crime,  the  punishment  of  which  may  be  death,  and  the  clerk 
of  the  court  where  any  such  indictment  may  be  found,  and  every 
justice  who  may  hold  any  person  to  answer  for  such  crime,  shall 
forthwith  certify  the  fact  to  the  justices  of  the  superior  court. 

Sec.  5.  The  said  court  shall  have  jurisdiction  of  all  appeals 
from  justices  of  the  peace  in  civil  and  criminal  cases,  and  of  all 
petitions  for  the  laying  out  and  discontinuing  of  highways  in  cases 
provided  by  law. 

Sec  6.  The  court  of  common  pleas  shall  have  authority  to  try 


CHAP.   172.]  COURT    OF    COMMON    PLEAS.  343 

all  issues  of  fact  wliich  shall  be  transmitted  to  them  for  trial  from 
the  superior  court,  and  to  make  all  proper  orders  relating  thereto  in 
their  discretion. 

Sec.  7.  Any  person  aggrieved  by  any  opinion,  direction  or  judg- 
ment of  said  court  of  common  pleas  in  any  action  or  proceeding, 
may  allege  exceptions  thereto  at  the  same  term,  which  shall  be 
reduced  to  writing  before  the  adjournment  of  the  court  without 
day,  and  being  conformable  to  the  truth  of  the  case,  shall  be 
signed  by  the  presiding  justice  and  be  a  part  of  the  record  in  such 
case. 

Sec.  8.  The  question  arising  upon  such  exceptions  or  upon  a 
special  verdict,  and  any  issue  of  law,  motion  for  a  new  trial  or 
statement  of  facts  agreed  upon  and  signed  by  the  parties  in  any 
case,  may  be  reserved  and  assigned  by  the  presiding  justice,  if  he 
think  fit,  to  the  determination  of  the  superior  court,  and  such  jus- 
tice shall  direct  such  documents  and  papers  as  he  thinks  necessary, 
to  be  transmitted  to  said  court. 

Sec.  9.  The  decision  of  said  superior  court  in  any  of  the  cases 
aforesaid,  shall  be  certified  by  the  clerk  thereof  to  the  clerk  of  the 
court  of  common  pleas  in  which  the  action  is  pending,  and  such 
judgment  shall  be  entered  or  disposition  of  the  action  made  as  is 
directed  therein. 

Sec.  10.  No  judge  shall  sit  on  the  trial  of  any  cause  upon 
appeal,  which  he  has  before  tried  in  the  court  below,  nor  in  any 
cause  in  which  he  has  been  concerned  as  a  party  or  attorney. 

Sec  11.  The  court  of  common  pleas  shall  be  holden  annually, 
at  the  times  and  places  following : 

At  Portsmouth,  on  the  first  Tuesday  of  February,  and  at  Exeter, 
on  the  fourth  Tuesday  of  August,  for  the  county  of  Rockingham  ; 

At  Dover,  on  the  third  Tuesday  of  January  and  on  the  first 
Tuesday  of  August,  for  the  county  of  Strafford ; 

At  Gilford,  on  the  second  Tuesday  of  February  and  on  the 
third  Tuesday  of  August,  for  the  county  of  Belknap  ; 

At  Ossipee,  on  the  third  Tuesday  of  April  and  on  the  second 
Tuesday  of  October,  for  the  county  of  Carroll ; 

At  Concord,  on  the  third  Tuesday  of  March  and  on  the  third 
Tuesday  of  September,  for  the  county  of  Merrimack  ; 

At  Amherst,  on  the  second  Tuesday  of  April  and  on  the  second 
Tuesday  of  October,  for  the  county  of  Hillsborough  ; 

At  Keene,  on  the  first  Tuesday  of  April  and  on  the  first  Tues- 
day of  October,  for  the  county  of  Cheshire  ; 

At  Newport,  on  the  third  Tuesday  of  April  and  on  the  third 
Tuesday  of  October,  for  the  county  of  Sullivan  ; 

At  Haverhill,  on  the  first  Tuesday  of  September  and  on  the  first 
Tuesday  of  February,  for  the  western  judicial  district  of  the  coun- 
ty of  Grafton  ; 

At  Plymouth,  on  the  first  Tuesday  of  November  and  on  the 
third  Tuesday  of  May,  for  the  eastern  judicial  district  of  the  coun- 
ty of  Grafton ; 


844 


CLERKS     OF    COURTS. 


[title  XX. 


At  Lancaster,  on  the  first  Tuesday  of  May  and  on  the  third 
Tuesday  of  November,  for  the  county  of  Coos. 

Sec.  12.  This  and  the  last  preceding  chapter  shall  go  into  effect 
on  the  first  day  of  January  next,  and  the  governor  and  council 
may,  immediately  after  the  passage  of  this  act,  proceed  and  make 
the  appointments  required  of  them  by  this  chapter. 


CHAPTER  173. 


OF  THE  ADJOURNMENT  OF  COURTS. 


Section 

1.  Power  to  adjourn. 

2.  Any  justice  may  adjourn. 


Section 

3.  Sheriff  may  adjourn. 

4.  Changes  of  terms. 


Section  1.  The  superior  court  of  judicature  and  court  of  com- 
mon pleas  may  adjourn  their  sittings  from  time  to  time,  as  they 
may  think  proper. 

Sec  2.  If  the  number  of  justices  required  to  hold  any  term  of 
the  court,  shall  not  attend,  any  of  the  justices  present  may  open 
and  adjourn  the  court  from  day  to  day,  or  to  any  future  day  or  to 
the  next  term  of  the  court. 

Sec  3.  If  none  of  the  justices  of  the  court  shall  attend  at  any 
term,  the  sheriff"  may  adjoiu-n  the  court  from  day  to  day,  until  one 
of  the  justices  shall  attend. 

Sec  4.  When  the  time  or  place  of  holding  any  court  shall  be 
changed  by  law,  all  writs,  actions,  processes,  venires  and  every 
matter  and  thing  whatever  which  may  be  returnable  at  or  contin- 
ued to  such  term,  shall  be  returned  to,  entered,  have  day  and  be 
heard  at  the  times  and  places  fixed  by  law  as  aforesaid. 


CHAPTER  174. 


OF  THE  CLERKS  OF  COURTS. 


Section 

1.  Clerk   for  each  county,  and   to  give 

bonds. 

2.  "       not  to  be  register  of    deeds  or 

county  treasurer. 

3.  "•       to  account  at  each  term. 


Section 

4.  Clerk  to  furnish  to  sheriff  list  of  fines. 

5.  "      to  certify  copies  of  record,  «fcc., 

in  his  office. 

6.  Clerk's  office,  where  to  be  kept. 

7.  Copies  agreed  on  as  such,  may  be  used. 


CHAP.   174.]  CLERKS    OF    COURTS.  34.5 

Section  1.  There  shall  be  a  clerk  of  the  superior  court  and  a 
clerk  of  the  court  of  common  pleas  in  each  county,  each  of  whom 
shall,  before  he  enters  upon  the  duties  of  his  ofRce,  give  bond  to 
the  county  in  the  penal  sum  of  five  thousand  dollars,  with  two  or 
more  sufficient  sureties,  to  be  approved  by  one  of  the  justices  of 
the  court  of  which  he  is  clerk,  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  his  office,  the  payment  of  all  moneys  by 
him  received  as  clerk,  to  the  State,  county  or  individuals  as  the 
law  directs,  and  for  the  safe  keeping  and  delivery  of  all  records, 
files  and  papers  belonging  to  his  said  office,  immediately  upon  his 
leaving  the  same. 

Sec.  2.  No  clerk  of  any  court  shall  be  at  the  same  time  register 
of  deeds  or  county  treasurer. 

Sec  3.  Every  such  clerk  shall  immediately  after  each  term  of 
the  court,  account  with  and  pay  over  to  the  county  treasurer  all 
money  by  him  received  for  the  use  of  the  county,  and  the  presi- 
ding judge  shall  certify  the  account  of  the  clerk  at  the  close  of 
each  term. 

Sec  4.  Every  clerk  of  said  courts  shall,  at  the  close  of  each 
court,  or  earlier,  make  and  deliver  to  the  sheriffs,  proper  writs, 
warrants  and  processes  for  the  collection  of  all  fines  and  forfeitures 
imposed  by  said  court,  and  shall  make  and  transmit  to  the  treasurer 
of  the  county  a  list  of  the  same ;  and  if  any  clerk  shall  neglect 
his  duty  herein,  he  shall  forfeit  the  sum  of  twenty  dollars  to  any 
person  who  will  sue  for  the  same. 

Sec  5.  The  records  and  files  of  the  several  courts  of  sessions 
and  courts  of  common  pleas  heretofore  established  by  law,  and  all 
records  and  files  of  justices  of  the  peace  deceased  or  removed  from 
their  counties,  shall  be  deposited  in  the  office  of  the  clerk  of  the 
court  of  common  pleas,  who  shall  give  attested  copies  thereof  and 
shall  be  for  that  purpose  the  proper  certifying  officer. 

Sec  6.  The  clerks  of  the  superior  court  and  court  of  common 
pleas  shall  keep  their  offices  and  the  records  of  said  courts  in  one 
of  the  towns  in  Avhich  such  courts  are  holden,  and  if  any  suitable 
office  is  provided  by  the  county,  such  records  shall  be  there  kept. 

Sec  7.  In  all  cases  where  it  shall  become  necessary  in  any  ju- 
dicial proceedings  to  use  or  file  a  copy  of  any  writ,  pleading,  case 
or  other  writing  or  document,  a  copy  thereof  agreed  on  or  certified 
as  such  by  the  contending  parties  in  such  proceeding,  or  by  their 
counsel  or  attorneys,  may  be  received,  used  or  filed,  and  shall  as 
between  said  parties  and  all  persons  claiming  under  them,  be  as 
effectual  for  all  purposes  as  a  copy  thereof  made  or  certified  by 
any  clerk  or  other  certifying  officer. 
44 


346 


JUSTICES    OF    THE    PEACE. 


[title  XX. 


CHAPTER  175. 


OF  JUSTICES  OF  THE  PEACE. 


Section 

1 .  Jurisdiction  of  justices. 

2.  No  evidence  of  title  under   general 

issue  allowed  to  be  introduced. 

3.  Proceedings  on  plea  of  title. 

4.  Action  to  be  entered  at  court  of  com- 

mon pleas. 

5.  On  neglect,  costs  to  be  awarded. 

6.  Appeal  may  be  taken. 

7.  Appeal,  when  and  how  granted. 

8.  Copies  to  be  filed  on  appeal. 

9.  On  neglect  to  enter  appeal,  costs. 
10.  Case  to  be  tried  in  court. 


Section 

11.  Costs  on  appeal  for  defendant,  when. 

12.  Adjournment  of  trial. 

13.  If  justice  absent,  another  may  act. 

14.  Justice  not  to  act  as  attorney. 

15.  Justices  to  keep  records. 

16.  Executors  and  others  to  deposit  re- 

cords in  the  clerk's  office. 

17.  Justice  removing,  to  deposit  records 

18.  Justice  to  issue  execution  after  his 

commission  expires. 
10.  Justices  out  of  commission  to  give 
copy. 


Section  1.  Every  justice  of  the  peace  within  his  county  may 
hear,  try  and  determine  all  pleas  and  actions  in  which  the  title  to 
real  estate  shall  not  be  drawn  in  question,  when  the  damages  de- 
manded do  not  exceed  thirteen  dollars  and  thirty-three  cents. 

Sec,  2.  When  any  action  of  trespass  shall  be  brought  before  a 
justice  and  the  defendant  shall  plead  the  general  issue,  he  shall  not 
be  allowed  to  offer  any  evidence  that  may  bring  the  title  to  real 
estate  in  question. 

Sec.  3.  If,  in  any  such  action,  the  defendant  shall  plead  any 
special  plea  by  which  the  title  to  real  estate  may  be  drawn  in 
question,  the  justice  shall  record  such  plea,  and  no  fiu'ther  proceed- 
ings shall  be  had  in  such  action  before  him,  except  that  the  plain- 
tiff, if  he  so  choose,  may  become  nonsuit. 

Sec.  4.  In  case  such  special  plea  shall  be  filed,  the  plaintiff  may 
enter  his  action  in  the  next  court  of  common  pleas,  and  file  there 
attested  copies  of  the  writ,  plea  and  all  other  papers  used  in  said 
cause,  and  there  prosecute  the  same  as  in  actions  originally  com- 
menced in  said  court. 

Sec  5.  If  such  plaintiff  shall  not  enter  his  action  in  the  court 
of  common  pleas,  the  said  court,  upon  complaint  of  the  defendant, 
shall  allow  him  his  costs  both  before  the  justice  and  at  said  court. 

Sec  6.  Either  party  aggrieved  by  the  judgment  given  by  any 
justice  in  any  civil  cause,  may  appeal  therefrom  to  the  next  court 
of  common  pleas  to  be  holden  in  the  same  county. 

Sec  7.  Every  appeal  shall  be  claimed  witliin  two  hours  after 
the  judgment  is  rendered,  and  shall  not  be  granted  tmless  the  party 
appealing  shall  enter  into  recognizance  to  the  adverse  party,  with 
sufficient  sureties,  in  the  sum  of  twenty  dollars,  to  pay  the  costs 
which  may  be  recovered  against  him. 

Sec.  8.  The  party  claiming  an  appeal,  shall  produce  at  the  court 


CHAP.   175.]  JUSTICES    OF    THE   PEACE.  347 

to  which  the  appeal  is  claimed,  attested  copies  of  the  writ,  plead- 
ings, judgment  and  all  other  papers  used  and  filed  in  the  cause  in 
the  court  below. 

Sec.  9.  If  any  appellant  shall  fail  to  enter  his  appeal,  or  to  pro- 
duce such  copies  or  to  pay  the  jury  fees,  the  former  judgment  shall 
be  affirmed  and  costs  taxed  for  the  appellee. 

Sec.  10.  If  the  court  shall  reverse  the  judgment  of  a  justice  that 
any  writ  be  abated,  the  case  shall  not  be  remanded,  but  shall  be 
heard  and  determined  in  said  court. 

Sec.  11.  If  the  plaintiif  appeal  in  any  action  founded  on  con- 
tract, and  shall  not  recover  damages  to  a  greater  amount  than  were 
awarded  by  the  justice,  the  defendant  shall  recover  his  costs  on 
such  appeal. 

Sec.  12.  Every  justice  may  adjourn  the  trial  of  any  civil  cause 
before  him  to  such  future  time  as  may  be  proper,  not  exceeding 
three  months. 

Sec.  13.  If  such  justice  shall  fail  to  attend  at  the  time  and  place 
to  which  any  process  is  returnable  or  continued  before  him,  any 
other  justice  may  attend  and  continue  the  same,  not  exceeding 
thirty  days,  without  cost  to  either  party  and  saving  the  rights  of 
all  parties. 

Sec.  14.  No  justice  shall  be  of  counsel  nor  act  as  an  attorney  to 
either  party,  nor  advise  nor  assist  any  party  in  any  case  before  him. 

Sec  15.  Every  justice  shall  keep  a  fair  record  in  one  or  more 
books,  to  be  kept  for  that  purpose,  of  all  proceedings,  civil  or 
criminal,  before  him. 

Sec.  16.  The  executor  or  administrator  of  every  deceased  jus- 
tice, and  every  other  person  into  whose  hands  the  records  and  offi- 
cial files  of  such  justice  shall  come,  shall  forthwith  deposit  the 
same  in  the  office  of  the  clerk  of  the  court  of  common  pleas,  where 
they  shall  be  kept ;  and  if  any  such  person  shall  neglect  to  deposit 
the  same  as  aforesaid  for  six  months,  he  shall  for  each  month's 
neglect  afterwards,  forfeit  and  pay  to  any  person  who  will  sue  for 
the  same,  the  sum  of  five  dollars. 

Sec  17.  When  any  justice  in  commission  shall  remove  from  his 
county,  he  shall  deposit  his  records  and  files  with  the  clerk  as  afore- 
said ;  and  if  he  shall  neglect  so  to  do,  he  shall  forfeit  for  every 
month's  neglect  after  such  removal,  the  sum  of  five  dollars  to  any 
person  who  will  sue  for  4he  same. 

Sec  18.  Any  justice  may  issue  execution  on  any  judgment 
recovered  before  him  during  his  term  of  office  under  any  former 
commission,  in  the  same  manner  as  if  his  commission  had  not 
expired. 

Sec  19.  Every  person  who  has  sustained  the  office  of  a  justice 
of  the  peace,  may  give  attested  copies  of  any  proceedings  before 
him  as  such  justice,  and  his  certificate  shall  be  valid. 


348 


JURIES. 


[title  XX. 


CHAPTER  176. 


OF  JURIES. 


Section 

1.  List  of  persons  qualified  for  jurors. 

2.  Number  of  names  on  such  list. 

3.  Who  are  exempt  from  serving. 

4.  Names  to  be  put  in  a  box. 

5.  Court   to  direct   number,    and   from 

what  towns. 

6.  Clerks  to  issue  venires. 

7.  Venires  delivered  to  town  clerks. 

8.  Notice  of  tlie  drawing,  how  given. 

9.  How  jurors  drawn. 

10.  Others  drawn,  in  what  cases. 

11.  Jurors    drawn    to   be    returned   and 

names  excluded  from  box. 


Section 

12.  Town  clerk  to  make  record  of  draw- 

ing. 

13.  Notice  given  to  the  jurors  drawn. 

14.  Venire  and  certificate  to  be  returned. 

15.  On  emergency,  jurors    drawn  fortli- 

with. 

16.  Penalty  for  neglect  of  duty  of  clerk 

of  court,  sheriff  or  town  clerk. 

17.  Penalty  for  non-attendance  of  juror. 

18.  "        for  misconduct  of  selectmen. 

19.  "         "  "  of  town  clerk. 

20.  Talesmen  to  be  returned,  when, 

21.  Jurors    may  be  examined  as   to  inte- 

rest or  bias. 

22.  Oaths  of  jurors,  forms. 


Section  1.  The  selectmen  of  each  town  shall  annually,  in  De- 
cember, make  a  list  of  such  persons  as  they  shall  judge  best  quali- 
fied to  serve  as  jurors ;  and  the  list  thus  annually  made  by  the 
selectmen,  shall  be  by  them  kept  and  delivered  over  to  their  suc- 
cessors in  office. 

Sec  2.  Such  list  shall  not  contain  the  names  of  more  than 
fifteen  persons  in  towns  containing  less  than  one  hundred  and  fifty 
ratable  polls,  twenty-five  in  all  other  towns  containing  less  than 
three  hundred,  thirty  in  all  other  towns  containing  less  than  four 
hundred,  thirty-five  in  all  other  towns  containing  less  than  five 
hundred,  forty  in  all  other  towns  containing  less  than  twelve  hun- 
dred, and  forty-five  in  all  other  towns  containing  more  than  twelve 
hundred  ratable  polls. 

Sec.  3.  The  governor,  secretary  and  treasurer  of  the  State, 
judges  and  clerks  of  the  courts,  register  of  probate,  register  of  deeds, 
sheriff's  and  their  deputies,  counsellors  and  attorneys  at  law,  or- 
dained ministers,  and  practicing  physicians  and  surgeons  are  ex- 
empted from  serving  as  jurors,  and  their  names  shall  not  be  placed 
on  said  lists. 

Sec  4.  The  names  on  said  list  shall  be  written  upon  separate 
and  similar  pieces  of  paper,  which  shall  be  so  rolled  up  that  the 
names  cannot  be  seen,  and  placed  in  a  box  to  be  provided  for  that 
purpose  by  the  selectmen,  which  shall  be  delivered  to  the  town 
clerk  to  be  kept  by  him  under  lock. 

Sec  5.  The  courts  shall  direct  the  number  of  jurors  to  be  sum- 
moned, and  from  what  towns,  in  such  manner  that  each  town  may 
furnish  its  due  proportion  of  jurors  in  each  year. 


CHAP.    176]  JURIES.  349 

Sec.  6.  The  clerk  of  the  court  of  common  pleas  shall  issue  writs 
of  venire  facias,  directed  to  the  clerks  of  such  towns  as  the  court 
may  order,  forty  days  before  the  sitting  of  such  court,  requiring 
each  of  them  to  cause  to  be  selected  and  returned  so  many  jurors 
as  are  therein  mentioned. 

Sec.  7.  The  clerk  shall  cause  such  venires  to  be  delivered  to 
such  town  clerks  twenty-five  days,  or  to  the  sheriff  forty  days, 
before  the  sitting  of  the  court,  and  the  sheriff  shall  cause  all  venires 
so  delivered  to  him,  to  be  delivered  to  the  town  clerks  twenty-five 
days  before  the  sitting  of  the  court. 

Sec.  8.  Each  town  clerk,  upon  the  receipt  of  the  venire,  shall 
notify  the  selectmen  of  the  time  and  place  by  him  appointed  for 
the  selection  of  jurors,  and  post  up  a  notice  thereof  in  some  public 
place  in  such  town  seven  days  at  least  before  the  time  so  appointed. 

Sec.  9.  At  the  time  and  place  so  appointed,  the  town  clerk  in 
presence  of  the  selectmen  whose  duty  it  shall  be  to  attend,  and 
of  such  other  persons  as  may  choose  to  attend,  shall  draw  from 
the  box  held  in  such  manner  that  the  papers  therein  cannot  be 
seen,  the  names  of  so  many  persons  as  are  required  by  the  venire. 
In  the  absence  of  the  town  clerk,  one  of  the  selectmen  shall  draw 
the  same. 

Sec.  10.  If  any  person  whose  name  is  so  drawn,  has  deceased, 
become  insane,  has  removed  from  town  or  is  disabled  by  sickness, 
the  town  clerk  shall  certify  these  facts  on  the  venire  and  draw 
another  name. 

Sec.  11.  The  persons  whose  names  are  so  drawn,  shall  be  re- 
turned to  serve  as  jurors,  and  their  names  shall  not  be  again  placed 
in  such  box  for  the  term  of  two  years. 

Sec.  12.  The  town  clerk  shall  record  the  notice  posted  by  him 
as  aforesaid,  the  names  of  the  selectmen  present  and  of  the  persons 
drawn  as  jurors. 

Sec.  13.  A  notice  in  writing  of  his  selection  as  a  juror,  of  the 
court  he  is  to  attend  and  of  the  day  and  hour  he  is  to  appear,  shall 
be  given  to  each  juror  or  left  at  his  usual  place  of  abode,  four  days 
at  least  before  the  sitting  of  the  court,  by  the  town  clerk  or  a 
constable. 

Sec.  14.  The  town  clerk  shall  certify  upon  the  venire,  the 
names  of  the  persons  so  selected  as  jurors,  and  that  they  have  been 
notified  as  aforesaid,  and  cause  such  venire  to  be  returned  to  the 
clerk  of  the  court  at  the  hour  at  which  the  juror  has  been  notified 
to  attend. 

Sec.  15.  Upon  any  emergency  jurors  may  be  selected  while  the 
court  is  in  session.  The  venires  shall  be  issued  and  notice  of  the 
time  and  place  of  such  selection  given,  and  the  jurors  drawn  and 
notified  forthwith  ;  and  the  jurors  so  drawn  and  notified,  shall  im- 
mediately attend  the  court. 

Sec.  16.  If  any  clerk,  sheriff'  or  town  clerk  shall  neglect  to  per- 
form any  of  the  duties  enjoined  by  this  chapter,  he  shall  be  fined 
by  the  court  in  the  sum  of  twenty  dollars. 


350  JURIES.  [title  XX. 

Sec.  17.  If  any  person  selected  as  a  juror  and  duly  notified  to 
attend,  shall,  without  sufficient  cause,  neglect  to  attend  agreeably 
to  such  notice,  he  shall  be  fined  by  the  court  in  a  sum  not  exceed- 
ing twenty  dollars. 

Sec.  18.  If  any  selectman  shall  wilfully  neglect  to  perform  any 
duty  required  by  this  chapter,  or  shall  put  upon  the  list  a  greater 
number  of  names  than  is  allowed  by  law,  or  shall  put  on  the  list 
the  name  of  any  person  at  his  own  request  or  on  the  request  of  any 
other  person,  or  shall  withdraw  from  the  box  the  name  of  any  per- 
son legally  put  upon  the  list,  or  shall  be  guilty  of  any  fraud  or  col- 
lusion with  respect  to  the  drawing  of  jurors,  he  shall  be  punished 
by  a  fine  of  fifty  dollars  for  each  ofiience. 

Sec.  19.  If  any  town  clerk  shall  draw  from  the  box  a  greater 
number  of  names  than  are  mentioned  in  the  venire,  except  in  cases 
provided,  or  shall  put  or  suffer  to  be  put  in  said  box  any  name  after 
the  same  is  delivered  to  him  as  aforesaid,  or  shall  be  guilty  of  any 
fraud  or  collusion  in  respect  to  the  drawing  of  jurors,  he  shall  be 
punished  by  a  fine  of  fifty  dollars. 

Sec.  20.  The  sheriff,  coroner  or  other  officer  under  the  direction 
of  the  court,  may  return  jurors  of  the  persons  present  ;  but  the  num- 
ber of  persons  so  returned  to  serve  upon  the  grand  jury,  shall  not 
exceed  five. 

Sec  21.  Any  juror  may  be  required  by  the  court  on  motion  of 
any  party  in  the  cause  to  be  tried,  to  answer  upon  oath,  whether 
he  expects  to  gain  or  lose  by  the  issue  of  the  cause  then  pending ; 
whether  he  is  related  to  either  party  ;  whether  he  has  advised  or 
assisted  either  party  ;  or  directly  or  indirectly  given  his  opinion  or 
has  formed  any  opinion  ;  or  is  sensible  of  any  prejudice  in  the 
cause  ;  and  if  it  appears  that  any  juror  does  not  stand  indifferent  in 
any  cause,  he  shall  be  set  aside  on  that  trial. 

Sec  22.  The  oaths  to  be  administered  to  jurors  shall  be  in  the 
following  forms — 

GRAND    juror's    OATH. 

"  You,  as  grand  jurors  for  the  body  of  this  county,  do  solemnly 
swear  that  you  will  diligently  inquire,  and  a  true  presentment  make 
of  all  such  matters  and  things  as  shall  be  given  you  in  charge ;  the 
State's  counsel,  your  fellows'  and  your  own  you  shall  keep  secret  ; 
you  shall  present  no  man  for  envy,  hatred  or  malice ;  neither  shall 
you  leave  any  unpresented  for  love,  fear,  favor,  affection  or  hope 
of  reward  ;  but  you  shall  present  things  truly  as  they  come  to  your 
knowledge,  according  to  the  best  of  your  understanding.  So  help 
you  God." 

petit  juror's  oath  in  criminal  cases. 

"  You  solemnly  swear  that  you  will  well  and  truly  try,  and  true 
deliverance  make  between  the  State   of  New  Hampshire  and  the 


CMAP.  177.]     ATTORNEYS  AND  COUNSELLORS. 


351 


prisoner  at  the  bar,  whom  yon  shall   have  in  charge,  according  to 
law  and  the  evidence  given  yon.     So  help  yon  God." 

PETIT    juror's    oath    IN    CIVIL    CASES. 

"  Yon  swear  that  in  all  canses  betwixt  party  and  party,  that  shall 
be  committed  nnto  yon,  yon  will  give  a  trne  verdict,  according  to 
law  and  the  evidence  given  you.     So  help  you  God." 


CHAPTEIS   S77. 


OF  ATTORNEYS  AND  COUNSELLORS. 


Section 

1.  Parties   may  appear   in   person  or  by 

any  citizen  of  good  character. 

2.  Any  citizen  may  be  admitted  an  attor- 

ney. 

3.  Attorneys  of  other  states  admitted. 


Section 

4.  Attorneys  of  superior  court  may  prac- 

tice in  any  court. 

5.  "         to  take  oath,  and  form. 

6.  No  one  to  practice  unless  admitted. 

7.  Attorneys  may  be  removed. 

8.  Disqualification  of  attorneys. 


Section  1.  Every  party  in  any  cause,  prosecution  or  suit  may 
appear,  plead,  pursue  or  defend  in  his  proper  person  or  by  any  citi- 
zen of  good  character. 

Sec  2.  Any  citizen  of  the  age  of  twenty-one  years,  of  good 
moral  character,  on  application  to  the  superior  court,  shall  be  admit- 
ted to  practice  as  an  attorney. 

Sec.  3.  Any  person  who  shall  have  been  admitted  an  attorney 
or  counsellor  of  the  highest  judicial  court  of  any  other  State  of 
which  he  was  an  inhabitant,  shall  be  admitted  to  practice  as  an 
attorney,  upon  satisfactory  evidence  of  his  good  character. 

Sec  4.  Every  attorney  admitted  as  aforesaid,  shall  be  qualified 
to  practice  as  an  attorney  in  any  court  of  this  State,  upon  filing  a 
copy  of  the  record  of  his  admission  with  the  clerk. 

Sec.  5,  Every  attorney  admitted  as  aforesaid,  shall  take  and 
subscribe  in  open  court  the  oaths  to  support  the  constitution  of  the 
United  States  and  of  this  State,  and  the  oath  of  office  in  the  fol- 
lowing form : 

"  You  solemnly  swear  that  you  will  do  no  falsehood,  nor  con- 
sent that  any  be  done  in  the  court,  and  if  you  know  of  any, 
that  you  will  give  knowledge  thereof  to  the  justices  of  the  court  or 
some  of  them,  that  it  may  be  reformed ;  that  you  will  not  wit- 
tingly or  willingly  promote,  sue  or  procure  to  be  sued  any  false  or 
unlawful  suit,  nor  consent  to  the  same ;  that  you  shall  delay  no 
man  for  lucre  or  malice,  but  shall  act  in  the  office  of  an  attorney 


352 


SHERIFFS   AND  THEIR  DEPUTIES.  [tITLE  XX. 


within  the  court,  according  to  tlie  best  of  your  learning  and  discre- 
tion, and  with  all  good  fidelity  as  well  to  the  court  as  your  client. 
So  help  you  God." 

Sec.  6.  No  person  shall  be  permitted  commonly  to  practice  as 
an  attorney  in  court,  unless  he  has  been  admitted  by  the  court  and 
taken  the  oath  aforesaid. 

Sec  7.  If  an  attorney  shall  be  charged  with  any  fraud  or  mal- 
practice, or  any  contempt  of  court,  the  court  shall  inquire  into 
such  offence  in  a  summary  manner,  and  if  found  guilty,  he  shall 
be  suspended  or  removed  from  office. 

Sec.  8.  No  person  shall  be  admitted  to  prosecute  or  defend,  as 
an  attorney,  any  cause  in  which  he  has  acted  as  judge. 


CHAPTER  178. 


OF  SHERIFFS  AND  THEIR  DEPUTIES. 


Section 

1.  Sheriff  to  give  bond. 

2.  "  not  qualified  till  given. 

3.  Sheriff's  bond  annually  examined. 

4.  New  bonds  to  be  given,  or  sheriff  re- 

moved. 

5.  Deputy  sheriffs,  how  appointed   and 

qualified. 

6.  Special  deputies,  how  appointed. 

7.  Deputies,  how  discharged. 

8.  Sheriff  responsible  for  deputies. 

9.  "         and  deputies   to  serve  writs, 
&c.,  and  act  as  crier. 

10.  Penalty  for  neglect  to  serve  precept. 

11.  "  for   neglect    to   pay    money 
collected. 

12.  Sheriff  and  deputies  may  require  aid. 

13.  "         out  of  office   may  complete 
business  commenced. 

14.  Deputies  to  act  in  case  of  vacancy. 

15.  "  not  to  receive  business,  af- 
ter what  time. 

16.  Defaults  during  vacancy,  breach  of 

bond. 


Section 

17.  Executions  against  sheriff  not  against 

body. 

18.  If  unsatisfied,  sheriff  removed. 

19.  Sheriffs'  bonds,  when  sued. 
"        copy  evidence,  when. 
"        breaches  assigned. 


20. 
21. 
22. 


"  "       judgment  for  plaintiff, 

how  recovered. 


23 


Sheriff's    bond,  endorser    liable    for 
defendant's  costs. 

24.  Sheriff  accountable  for  fines. 

25.  Penalty  for  neglects. 

26.  Account    against    county,   how   ad- 

justed. 

27.  Sheriff  and  deputies  not  to  act  as  at- 

torneys. 

28.  Deputies  to  render  account  of  fees  to 

sheriff. 

29.  Sheriff  to  account  for  fees  to  county 

treasurer. 

30.  "       to   pay   over    balance   above 

salary. 

31.  "        to   retain   fees   for    services 
made  by  himself. 


Section  1.  Every  sheriff  hereafter  appointed,  shall  give  a  bond 
to  the  county  in  the  sum  of  thirty  thousand  dollar's,  with  sufficient 
sureties,  to  be  approved  by  the  justices  of  the  court  of  common 


CHAP.   ITS]  SHERIFFS   AND    THEIR    DEPUTIES.  353 

pleas,  for  the  faithful  performance  of  the  duties  of  his  office,  and  to 
answer  for  all  neglect  and  misdoings  of  his  deputies,  and  such  bond 
shall  be  deposited  in  the  office  of  the  clerk  of  said  court. 

Sec.  2.  No  sheriff  shall  be  deemed  qualified  to  perform  any  duty 
of  his  office,  until  he  shall  have  given  security  as  aforesaid. 

Sec.  3.  The  justices  of  the  court  of  common  pleas  shall  annual- 
ly, at  the  term  of  said  court  next  after  the  first  day  of  August,  con- 
sider the  sufficiency  of  the  sheriff's  bond  and  of  his  sureties,  and  if 
they  determine  the  same  to  be  insufficient,  they  shall  cause  a  record 
thereof  to  be  made,  and  a  certified  copy  thereof  to  be  forthwith 
served  on  said  sheriff. 

Sec.  4.  If  the  sheriff  shall  neglect  to  give  new  security  to  the 
satisfaction  of  said  justices,  at  or  before  the  next  term  of  the  court 
for  said  county,  they  shall  forthwith  certify  the  same  to  the  gov- 
ernor and  council,  who  shall  remove  him  from  office,  unless  he  shall, 
within  twenty  days  after  such  certificate  is  made,  give  such  new 
security  to  the  satisfaction  of  the  governor  and  council. 

Sec.  5.  Every  sheriff  may  appoint  so  many  deputies  as  he  shall 
think  proper,  by  deputation  in  writing  under  his  hand  and  seal,  and 
not  otherwise,  who  shall  each  be  sworn  to  the  faithful  discharge 
of  the  duties  of  his  office  before  a  justice  of  the  peace,  and  the  dep- 
utation and  certificate  of  such  oath  thereon  shall  be  recorded  at 
length,  in  a  book  kept  for  that  purpose  by  the  clerk  of  the  court  of 
common  pleas,  and  no  deputy  sheriff"  shall  be  deemed  qualified  to 
act  as  such  until  such  record  shall  be  made. 

Sec  6.  Any  sheriff  may  constitute  a  special  deputy  for  the  ser- 
vice and  return  of  any  process,  by  warrant  endorsed  thereon,  in  such 
manner  as  has  been  heretofore  in  practice  in  this  State. 

Sec  7.  Any  sheriff  may  discharge  from  office  any  deputy  by 
him  appointed,  by  writing  under  his  hand  and  seal,  which  shall  be 
served  by  another  deputy  by  reading  the  same,  or  giving  an  at- 
tested copy  thereof  to  the  deputy  so  discharged:  and  such  discharge 
with  a  certificate  of  the  service  thereof,  shall  be  recorded  in  the 
manner  prescribed  for  recording  deputations. 

Sec  8.  Every  sheriff"  shall  be  responsible  for  the  official  conduct 
of  his  deputies  respectively,  until  such  discharge  and  the  certificate 
of  service  thereof  shall  be  recorded  as  aforesaid. 

Sec  9.  The  sheriff"  of  every  county,  by  himself  or  his  deputy, 
shall  serve  and  execute  within  his  county  all  writs  and  precepts  to 
him  directed,  issuing  from  lawful  authority ;  and  shall  perform  all 
the  duties  pertaining  to  the  office  of  crier  of  the  courts. 

Sec.  10.  If  any  sheriff,  deputy  sheriff  or  constable  shall  refuse  or 
neglect  to  serve  any  legal  precept  to  him  directed  and  delivered  for 
service,  his  legal  fees  therefor  being  first  tendered,  except  in  crimi- 
nal cases  when  the  precept  shall  be  endorsed  by  the  attorney  gen- 
eral or  solicitor,  or  by  the  clerk  by  order  of  court,  he  shall  forfeit 
the  sum  of  fifty  dollars  to  any  person  aggrieved  thereby,  who  shall 
sue  therefor  within  three  months  after  such  neglect  or  refusal. 
45 


354  SHERIFFS    AND    THEIR    DEPUTIES.  [TITLE  XX. 

Sec.  11.  If  any  sheriff  or  his  deputy  shall,  on  demand  made, 
refuse  or  neglect  to  pay  to  the  creditor  in  any  execution,  any  sum 
of  money  received  by  him  or  his  deputy  on  such  execution,  he 
shall  forfeit  and  pay  to  such  creditor  five  times  the  lawful  interest 
thereof,  so  long  as  he  shall  detain  the  same  after  such  demand 
made. 

Sec  12.  Every  sheriff,  deputy  sheriff  or  other  officer,  in  the 
execution  of  his  office  for  the  preservation  of  the  peace,  or  appre- 
hending or  securing  any  person  violating  the  same,  or  for  any  other 
criminal  matter  or  cause,  may  require  suitable  aid  in  the  execution 
of  his  office,  and  if  any  person  when  so  required,  shall  neglect  or 
refuse  to  give  such  aid  or  assistance,  he  shall  be  punished  by  a  fine 
not  exceeding  ten  dollars,  for  the  use  of  the  town  where  the  of- 
fence is  committed. 

Sec.  13.  In  case  of  the  resignation  or  removal  from  office  of  any 
sherift',  or  of  the  expiration  of  his  term  of  office,  he  may  exe- 
cute all  precepts  then  in  his  hands,  and  shall  be  answerable  for 
completing  all  business  which  may  have  been  committed  to  his 
care,  and  for  the  delivery  to  his  successor  of  all  prisoners  who  may 
be  in  his  custody,  and  for  that  purpose  may  detain  such  prisoners 
in  his  custody. 

Sec.  14.  Whenever  a  vacancy,  from  any  cause  whatever,  shall 
happen  in  the  office  of  sheriff  of  any  county,  the  deputies  and 
jailers  then  in  office  shall  continue  in  office,  and  shall  execute  the 
same  in  the  name  of  the  late  sheriff,  until  another  is  appointed  and 
duly  qualified,  and  until  they  have  completed  all  business  which 
may  have  been  entrusted  to  them  before  the  person  appointed 
sheriff  is  qualified. 

Sec.  15.  No  deputy  sheriff  shall  receive  any  business  after  the 
expiration  of  thirty  days  from  the  next  meeting  of  the  governor 
and  council  after  such  vacancy  shall  have  occurred. 

Sec  16.  The  defaults  and  misfeasances  of  such  deputy  sheriffs 
and  jailers,  during  the  time  aforesaid,  shall  be  deemed  a  breach  of 
their  respective  bonds  to  the  sheriff  who  shall  have  deceased,  re- 
signed or  otherwise  ceased  to  hold  his  office,  and  the  executor  or 
administrator  of  a  deceased  sheriff  shall  have  like  remedy  for  such 
defaults  and  misfeasances,  as  such  sherifl'  would  have  had  if  he 
had  continued  in  life  and  in  the  exercise  of  his  office. 

Sec  17.  When  judgment  shall  be  rendered  against  any  sheriff, 
whether  in  his  official  or  private  capacity,  execution  shall  issue 
against  his  goods,  chattels  and  lands,  and  not  against  his  body ;  but 
when  he  shall  cease  to  hold  his  office,  execution  may  issue  against 
his  goods,  lands  and  body  as  in  other  cases. 

Sec  18.  If  any  execution  against  the  goods  and  lands  of  any 
sheriff  shall  be  returned  unsatisfied,  the  creditor  may  file  a  certified 
copy  thereof  and  of  the  return  thereon,  with  the  secretary  of  state 
who  shall  thereupon  issue  a  notice  to  such  sheriff  informing  him 
thereof,  and  of  the  day  when  the  same  was  filed,  and  if  such  exe- 


CHAP.   ITS.]  SHERIFFS    AND    THEIll    DEPUTIES.  355 

cution  shall  not  be  paid  with  the  costs  of  such  copy  and  notice, 
within  forty  days  after  such  notice  is  served  on  said  sheriff,  the 
governor,  with  advice  of  the  council,  shall  forthwith  remove  him 
from  liis  office. 

Sec,  19.  Any  person  injured  by  the  breach  of  any  sheriffs  bond 
to  the  county,  may  after  recovering  judgment  against  the  sheriff, 
his  executors  or  administrators,  in  an  action  brought  for  the  default, 
misfeasance  or  nonfeasance  of  such  sheriff  or  his  deputy,  cause  a 
suit  to  be  instituted  on  such  bond  at  his  own  cost,  in  the  name  of 
the  county. 

Sec.  20.  The  clerk  of  the  court  of  common  pleas  shall  deliver 
an  attested  copy  of  any  sherifTs  bond  filed  in  his  office,  to  any  per- 
son applying  and  paying  for  the  same,  and  such  copy  shall  be  re- 
ceived as  evidence  in  any  case  ;  but  if  the  execution  of  the  bond 
shall  be  disputed,  the  court  may  order  the  clerk  to  bring  the  original 
bond  into  court. 

Sec  21.  In  every  suit  on  such  sheriffs  bond  the  declaration 
shall  set  forth  the  condition  of  the  bond,  and  assign  the  breach  or 
breaches  relied  upon  in  the  action,  and  judgment  in  such  suit  shall 
not  be  a  bar  to  any  other  action  on  such  bond  assigning  other 
breaches. 

Sec  22.  In  such  suit,  if  the  plaintiff  shall  recover,  the  judgment 
shall  be  rendered  in  favor  of  the  county,  for  the  use  of  the  person 
alleged  in.  the  declaration  to  be  injured  by  the  breach  or  breaches 
assigned  therein,  and  such  person  shall  be  taken  and  deemed  to  be 
the  creditor  for  every  purpose  whatever. 

Sec  23.  If  the  defendant  shall  recover  judgment  for  costs,  exe- 
cution shall  not  issue  therefor  against  the  county,  but  the  endorser 
of  the  writ  shall  be  liable  to  pay  the  same,  and  a  writ  of  scire 
facias  may  be  forthwith  sued  out  against  him. 

Sec  24.  The  sheriff  of  each  county  shall  be  accountable  to  the 
treasurer  thereof,  for  all  fines  and  forfeitures  imposed  by  the  superior 
court  and  court  of  common  pleas,  and  for  which  warrants  shall  be 
issued  to  him  by  the  clerks,  unless  the  justices  of  said  court  shall 
certify  to  such  treasurer  that  the  same  has  not  been  and  cannot  be 
recovered,  and  for  all  money  by  him  received  for  the  use  of  the 
county. 

Sec  25.  If  any  sheriff  shall  neglect  or  refuse  to  pay  over  to  the 
county  treasurer  any  such  fine,  forfeiture  or  money  immediately  on 
receipt  thereof,  or  immediately  after  he  shall  voluntarily  or  negli- 
gently suffer  any  prisoner  on  whom  the  same  was  imposed,  to 
escape,  he  shall  forfeit  and  pay  treble  the  amount  thereof,  with 
double  costs  of  suit,  on  action  brought  by  such  treasurer  in  the 
name  of  the  county,  and  such  neglect  or  refusal  shall  be  a  good 
ground  of  removal  of  such  sheriff  from  office. 

Sec  26.  Every  sheriff  shall  annually  lay  before  the  court  of 
common  pleas  his  account  for  all  services  done  by  himself  or  his 
deputies,  for  which  the  county  is  by  law  chargeable,  and  such  al- 


356 


CORONERS    AND    CONSTABLES.  [TITLE  XX. 


lowance  shall  be  made  him  as  justice  may  require  ;  and  no  sucli 
account  shall  be  allowed  unless  it  shall  be  presented  within  one 
year  after  the  service  is  performed. 

Sec.  27.  No  sherifl'  or  deputy  sheriff  shall  be  suffered  to  appear 
in  any  court  or  before  any  justice,  as  attorney  to  any  party  in  a 
suit,  and  if  any  sheriff  or  deputy  sheriff  shall  make  any  process, 
writ,  declaration  or  plea  for  any  other  person,  the  same  shall  be 
void. 

Sec  28.  The  deputies  of  each  sheriff  shall  once  in  every  twelve 
months  at  least,  and  oftener  if  required,  render  to  such  sheriff  under 
oath  a  true  account  of  all  fees  which  they  shall  have  received,  or 
which  shall  accrue  to  them  by  virtue  of  their  office,  for  their  travel 
and  service  on  all  writs  of  mesne  process,  and  pay  over  to  the 
sheriff  twenty  per  cent,  of  the  amount  thereof. 

Sec.  29.  Every  sheriff  shall,  on  the  first  Tuesday  of  January 
annually,  render  to  the  county  treasurer  under  oath  a  true  account 
of  all  moneys  received  from  his  deputies  by  virtue  of  his  office, 
and  return  to  such  treasurer  the  accounts  rendered  him  by  his  depu- 
ties, and  the  treasurer  shall  state  the  same  in  the  annual  statements 
he  is  required  to  make  for  publication. 

Sec.  30.  Such  sheriff  shall  retain  for  his  own  use,  if  he  shall  re- 
ceive so  much,  the  sum  allowed  him  by  law,  and  the  residue  of 
the  sums  received  by  him  as  aforesaid,  he  shall,  at  the  time  of  ren- 
dering his  account,  pay  over  to  the  county  treasurer  for  the  use  of 
the  county. 

Sec.  31.  Every  sheriff  shall  retain  for  his  own  use  the  fees  for 
all  services  by  him  personally  made,  and  which  he  is  by  law  bound 
to  perform. 


CHAPTER    1T». 


OF  CORONERS  AND  CONSTABLES. 


Section 

1.  Coroners  to  give  bond. 

2.  Remedy  thereon. 

3.  Coroners  to  serve  writs,  when. 


Section 

4.  Remedy  on  constable's  bond. 

5.  Constables  to  serve  process  from  jus- 

tice. 


Section  1.  Every  coroner,  before  he  enters  upon  the  duties  of 
his  office,  shall  give  bond  to  the  county  for  which  he  is  commis- 
sioned, in  the  sum  of  five  thousand  dollars,  conditioned  for  the 
faithful  discharge  of  the  duties  of  his  office,  with  sufficient  sure- 
ties, to  be  approved  by  the  justices  of  the  court  of  common  pleas, 
and  to  be  kept  by  the  clerk  of  said  court. 

Sec  2.  Any  person  injured  by  the  breach  of  any  coroner's  bond, 
may  commence  and  maintain  an  action  thereon,  in   the  same  man- 


CHAP.  180.]         ACTIONS    AND    PROCESS ACTIONS. 


357 


ner  he  might  do  upon  the  bond  given  by  a  sheriff,  if  he  were  in- 
jured by  the  breach  thereof,  and  subject  to  the  same  provisions. 

Sec.  3.  The  coroner  shall  serve  and  execute  all  writs  and  pro- 
cesses directed  to  him,  when  the  sheriff  is  a  party,  and  in  all  cases 
whore  the  sheriff  is  a  party  interested,  or  related  to  either  party,  he 
shall  return  talesmen  and  attend  the  jury,  and  in  all  such  cases  he 
shall  have  the  same  powers  and  authority  as  is  by  law  vested  in 
sheriffs  in  similar  cases. 

Sec.  4.  Any  person  injured  by  the  breach  of  any  constable's 
bond,  may  commence  and  maintain  an  action  thereon,  in  the  name 
of  the  town,  in  the  same  manner  he  might  do  in  the  name  of  the 
county  upon  the  bond  given  by  the  sheriff,  if  he  were  injured  by 
the  breach  thereof,  and  subject  to  the  same  provisions. 

Sec.  5.  Any  constable  to  whom  any  writ  or  other  legal  precept 
may  be  directed  by  a  justice  of  the  peace,  is  empowered  and  re- 
quired to  serve  and  return  the  same  according  to  law,  and  is  vested 
with  the  same  powers  and  subject  to  the  same  liabilities  in  relation 
thereto  as  sheritfs  are  in  like  cases. 


TITLE  XXI. 

OF  ACTIONS  AND  PROCESS. 


Chapter  180.   Of  actions. 
Chapter  181.   Of  the  limitation  of  suits. 
Chapter  182.  Of  writs  and  endorsement. 
Chapter  183.  Of  the  service  of  writs. 
Chapter  184.   Of  attachments. 
Chapter  185.  Of  arrests  and  bail. 


CHAPTER  180. 

OF  ACTIONS. 


Section 

1 .  Personal  actions,  where  brought. 

2.  Scire  facias,  where  commenced. 

3.  Action,  when  levy  made  on   property 

not  belonging  to  debtor. 


Section 

4.  Assumpsit  between  copartners. 

5.  "  "  cotenants  for  pro- 

perty taken. 

6.  "  "         cotenants  for  rent 

of  lands. 


358 


ACTIONS. 


[title    XXI. 


Section 

7.  No  action  unless  on  written  contract, 

respecting  land. 

8.  '•       "  "        on  written  contract : 

1.  On  special  promise  of  administra- 

tor; 

2.  On  guaranties; 

3.  In  consideration  of  marriage  ; 


Section 

8.  4.  To  be  performed  after  a  year. 

9.  No  action  for  goods  over  $33,  unless 

contract  in  writing  or  delivery. 

10.  No  action  for  bills  till  after  grace. 

11.  Money  paid  for  escapes,  recovered. 

12.  Actions  on  the  case  only  against  offi- 

cers, when. 


Section  1.  All  personal  or  transitory  actions,  where  both  parties 
are  inhabitants  of  this  State,  may  be  commenced  in  the  county 
where  either  of  the  parties  to  the  writ  may  be  an  inhabitant,  and 
not  elsewhere. 

Sec.  2.  Actions  of  scire  facias,  upon  any  judgment  or  other  pro- 
ceeding before  a  justice,  may  be  commenced  in  the  court  of  com- 
mon pleas,  where  the  amount  of  the  judgment  or  other  demand 
claimed,  including  costs  and  interest,  shall  exceed  thirteen  dollars 
and  thirty-three  cents. 

Sec  3.  An  action  of  debt  may  be  maintained,  if  commenced 
within  six  years,  upon  any  judgment  upon  which  an  execution  has 
been  issued  and  returned  satisfied,  where  it  shall  appear  that  the 
property  levied  or  extended  upon  was  not  liable  to  be  so  levied  or 
extended  upon,  for  the  amount  equitably  due  and  costs  of  levying, 
and  such  levy  shall  not  be  a  discharge  of  such  debt  for  any 
purpose. 

Sec  4.  Any  copartner  or  joint  owner  may  maintain  an  action 
of  assumpsit  against  one  or  more  of  his  copartners  or  joint  owners, 
to  recover  his  just  share  of  any  goods  or  chattels,  choses  in  action 
or  the  proceeds  thereof  received  by  such  copartners  or  joint  owners, 
and  not  accounted  for,  delivered,  paid  or  otherwise  settled  for  on 
demand. 

Sec  5.  Any  cotenant  of  real  estate  may  recover  by  action  of 
assumpsit  against  one  or  more  of  his  cotenants,  his  just  share 
of  the  value  of  any  trees  destroyed,  or  cut  or  carried  away  by  such 
cotenant,  which  were  standing,  lying  or  growing  on  such  real 
estate,  or  of  any  other  property  attached  thereto  and  destroyed, 
severed  or  carried  away  by  such  cotenant. 

Sec  6.  If  any  cotenant  of  any  real  estate  shall  hold  the  exclu- 
sive possession  and  income  thereof,  against  the  will  and  Avithout 
the  consent  of  his  cotenant,  the  cotenant  so  excluded  may,  in  an 
action  of  assumpsit,  recover  of  the  person  holding  such  possession, 
the  full  amount  of  all  damages  he  may  have  sustained  thereby. 

Sec  7.  No  action  shall  be  maintained  upon  any  contract  for 
the  sale  of  lands,  unless  the  agreement  upon  which  such  action 
shall  be  brought,  or  some  memorandum  thereof,  is  in  writing  and 
signed  by  the  parties  to  be  charged  therewith,  or  by  some  other 
person  thereunto  lawfully  authorized  by  writing. 

Sec.  8.  No  action  shall  be  brought  in  the  following  cases — 


CHAP.  181.]  LIMITATION    OF    SUITS.  359 

First,  To  charge  any  executor  or  administrator  upon  any  special 
promise  to  answer  damages  out  of  his  own  estate  ; 

Second,  To  charge  any  person  upon  any  special  promise  to  an- 
swer for  the  debt,  default  or  miscarriage  of  another  person  ; 

Third,  To  charge  any  person  upon  rn  agreement  made  upon 
consideration  of  marriage ; 

Fourth,  To  charge  any  person  upon  any  agreement  that  is  not  to 
be  performed  within  one  year  from  the  time  of  making  it : 

Unless  such  promise  or  agreement,  or  some  memorandum  or 
note  thereof,  is  in  writing  and  signed  by  the  party  to  be  charged 
therewith,  or  by  some  person  thereunto  by  him  lawfully  author- 
ized. 

Sec.  9.  No  action  shall  be  brought  upon  any  contract  for  the 
sale  of  any  goods,  wares  or  merchandise  for  the  price  of  thirty- 
three  dollars  or  upwards,  and  no  such  contract  shall  be  valid  unless 
the  buyer  shall  accept  part  of  the  property  so  sold  and  actually 
receive  the  same,  or  give  something  in  earnest  to  bind  the  bargain 
or  in  part  payment,  or  unless  some  note  or  memorandum  in  writing 
of  the  said  bargain  be  made  and  signed  by  the  parties  to  be 
charged  by  such  contract,  or  their  agents  thereunto  lawfully  au- 
thorized. 

Sec.  10.  No  bill  of  exchange,  negotiable  promissory  note,  order 
or  draft,  except  such  as  are  payable  on  demand,  shall  be  payable 
until  days  of  grace  have  been  allowed  thereon,  unless  it  appear  in 
the  instrument  that  it  was  tlie  intention  of  the  parties  that  days  of 
grace  should  not  be  allowed. 

Sec.  11.  If  any  person  shall  be  compelled  to  pay  any  sum  of 
money,  on  the  account  of  the  escape  of  any  prisoner,  he  may  main- 
tain an  action  therefor  against  such  prisoner  and  all  persons  aiding 
such  escape. 

Sec.  12.  An  action  upon  the  case,  and  no  other,  shall  be  com- 
menced against  any  sheriff,  deputy  sheriff,  coroner  or  other  officer 
for  any  damages  arising  from  any  default  or  misconduct  in  his 
office. 


CHAPTER  181. 

OF  THE  LIMITATION  OF  SUITS. 


Section 

1.  Real  actions  limited  to  20  years. 

2.  Minors,  &c.,  have  5  years  after  dis- 

ability removed. 

3.  Actions  for  words  and  personal  inju- 

ries limited  to  2  years. 


Section 

4.  Other  personal  actions  limited   to  6 

years. 

5.  Debt  on  judgment  and  contracts  under 

seal,  to  20  years. 


360 


LIMITATION    OF    SUITS. 


[lITLE    XXI. 


Section 

6.  On    notes    secured    by    mortgage,  so 

long  as  action  on  mortgage  lies. 

7.  Writs  of  error  to  be  brought  in  3  years. 

8.  Minor.s,  &c.,   have  2   years    after  dis- 

ability ceases. 


Section 

9.  Time  of  absence  from  State  not  com- 

puted. 

10.  New  action  in  1  year  after  judgment, 

if  not  a  bar. 

11.  Special  limitations  not  affected. 


Section  1.  No  action  for  the  recovery  of  any  real  estate  shall  he 
maintained,  unless  such  action  is  brought  within  twenty  years  after 
the  right  first  accrued  to  the  plaintiff  or  to  any  person  under  whom 
he  claims,  to  commence  an  action  for  the  recovery  thereof. 

Sec.  2.  If  the  person  first  entitled  to  maintain  an  action  for  the 
recovery  of  such  real  estate,  was  within  the  age  of  twenty-one 
years,  a  married  woman  or  insane  at  the  time  such  right  accrued, 
such  action  may  be  commenced  within  five  years  after  such  disa- 
bility is  removed. 

Sec.  3.  Actions  for  words  and  for  any  assault,  battery,  Avound- 
ing  or  imprisonment  shall  be  brought  within  two  years  after  the 
cause  of  action  accrued,  and  not  afterwards. 

Sec.  4.  All  other  personal  actions  shall  be  brought  within  six 
years  after  the  cause  of  action  accrued,  and  not  afterwards. 

Sec.  5.  Actions  of  debt  founded  upon  any  judgment  or  recogni- 
zance, or  upon  any  contract  under  seal,  may  be  brought  Avithin 
twenty  years  after  the  cause  of  action  accrued,  and  not  afterwards. 

Sec.  6.  Actions  upon  notes  secured  by  mortgage,  may  be  brought 
so  long  as  the  plaintiff  is  entitled  to  commence  any  action  upon  the 
mortgage. 

Sec.  7.  Writs  of  error  may  be  commenced  within  three  years 
after  judgment  rendered,  and  not  afterwards. 

Sec.  8.  Any  infant,  married  woman  or  insane  person  may  com- 
mence either  of  the  personal  actions  aforesaid,  within  two  years 
after  such  disability  is  removed. 

Sec.  9.  If  the  defendant,  at  the  time  the  cause  of  action  accrued 
or  afterwards,  was  absent  from  and  residing  out  of  the  State,  the 
time  of  such  absence  shall  be  excluded  in  the  computation  of  the 
several  times  before  limited  for  the  commencement  of  personal 
actions. 

Sec.  10.  If  judgment  shall  be  rendered  against  the  plaintiff,  in 
any  action  commenced  within  the  times  before  limited,  or  upon 
any  writ  of  error  brought  thereon,  he  may  commence  a  new  action 
thereon  within  one  year  thereafter,  in  case  his  right  of  action  is 
not  barred  by  such  judgment. 

Sec.  11.  The  provisions  of  this  chapter  shall  not  apply  to  any 
case  in  which,  by  any  statute,  a  different  time  is  limited. 


CHAP.   182.]  WRITS    AND    MESNE    PROCESS. 


361 


CHAPTER  183. 


OF  WRITS  AND  MESNE  PROCESS. 


Section 

1.  Proceedings  in  English  language. 

2.  Writs,  requisites  of. 

3.  "        shall    be  summons,  capias  and 

attachment. 

4.  "       justice,  how  directed. 

5.  "  "       how  returnable. 

6.  "  "       if  defendant's  property 

out  of  county. 

7.  Other  process  to  be  conformable. 

8.  Writs  in  real  actions  to  be  summons 

or  attachment. 


Section 

9.  Defendant's  name  unknown, how  sued, 
to.  Writs  of  attachment,  form  of. 

11.  "       "    summons  on  attachment. 

12.  "       "    capias  and  attachment. 

13.  "       "    summons,  form. 

14.  "       "    replevin,  form. 

15.  "       "   trustee,  form. 

16.  "       "   scire  facias,  form. 

17.  "      shall  be  endorsed. 

18.  Endorser's  liability. 

19.  Remedy  against  endorser. 


Section  1.  All  writs,  declarations,  processes,  indictments,  an- 
swers, pleadings  and  entries  in  the  courts  and  before  justices  shall 
be  in  the  English  language,  and  no  other. 

Sec.  2.  All  writs  and  processes  issuing  from  the  clerk's  office 
of  any  court,  shall  be  in  the  name  of  the  State  of  New  Hamp- 
shire, shall  be  under  the  seal  of  such  court,  shall  bear  teste  of  the 
chief,  first,  or  senior  justice  of  the  court  who  is  not  a  party,  and 
shall  be  signed  by  the  clerk  and  directed  to  the  sheriff  of  any 
county  in  the  State  or  his  deputy,  shall  have  force  in  any  county, 
and  be  obeyed  and  executed  by  any  officer  to  whom  they  may  be 
directed. 

Sec.  3.  Original  process  in  said  courts  shall  be  summons,  at- 
tachment and  capias,  and  shall  be  in  the  forms  prescribed  by 
law. 

Sec  4.  Writs  issued  by  justices  of  the  peace,  shall  be  directed 
to  the  sheriff  of  the  county  or  his  deputy,  and  to  any  constable 
of  any  town  in  the  county  or  to  either  of  said  officers. 

Sec  5.  They  shall  be  made  returnable  before  such  justice  at  a 
day,  hour  and  place  named  therein,  and  shall  be  signed  by  him. 
In  all  other  respects  they  shall  be  substantially  in  the  form  pre- 
scribed by  law. 

Sec  6.  AVhen  a  defendant  has  personal  property  liable  to  attach- 
ment in  any  county  in  which  he  does  not  reside,  a  justice  of  the 
peace  may  direct  his  writ  or  execution  to  the  sheriff  of  any  county 
or  his  deputy,  or  to  any  constable  of  any  town  in  which  the 
defendant  resides  or  has  such  property. 

Sec  7.  Incases  where  no  form  of  process  is  prescribed  by  law, 
such  process  shall  be  made  conformable  to  the  forms  prescribed  in 
this  chapter,  so  far  as  the  nature  of  the  case  will  admit. 
46 


362  WRITS    AND    MESNE    PROCESS.  [TITLE    XXI. 

Sec.  8.  In  real  actions  and  actions  of  ejectment,  the  original 
writ  shall  be  a  summons  or  an  attachment  only. 

Sec.  9.  When  the  name  of  a  defendant  is  not  known  to  the 
plaintiff,  the  writ  may  issue  against  him  by  a  fictitious  name,  and 
if  didy  served,  it  shall  not  be  abated  for  that  cause,  but  may  be 
amended  on  such  terms  as  the  court  may  order. 

Sec,  10.  The  forms  of  writs  shall  be  in  substance  as  follows,  in 
the  following  cases  : — 

ATTACHMENT. 

THE    STATE    OF    NEW    HAMPSHIRE. 


To  the  sheriff  of  any  county  in  this   State,  or   his 
deputy. 

We  command  you  to  attach  the  goods  or  estate  of  A.  D.  of,  &c. 
to  the  value  of  dollars,  and   summon  him  (if  to  be  found  in 

your  precinct)  to  appear  before  the  justices  of  the  court  of 
to  be  holden  at  in  said  county  of  on  the  Tuesday 

of  to  answer  to  B.  P.  of  in  a  plea  of  to  the 

damage  of  the  said  B.  P.,  as  he  says,  the  sum  of  dollars. 

And  make  return  of  this  writ  with  your  doings  therein. 

Witness  J.  P.  Esquire,  the         day  of         A.  D. 

R.  G.  Clerk. 

Sec.  11.  SUMMONS  WHERE  GOODS  ARE  ATTACHED. 

THE    STATE    OF    NEW    HAMPSHIRE. 

SS. 

To  A.  D.  of 


We  command  you  to  appear  at  the  court  of  to  be  holden 

at  in  said  county  of  on  the  Tuesday  of 

to  answer  to  B.  P.  of  in  a  plea  of  which  plea  the  said 

B.  P.  has  commenced  against  you,  to  be  heard  and  tried  at  the  said 
court,  and  your  goods  or  estate  are  attached  to  the  value  of 
dollars  for  security  to  satisfy  the  judgment  which  may  be  recov- 
ered against  you.     Fail  not  of  appearance  at  your  peril. 
Witness  J.  P.  Esquire,  the  day  of  A.  D. 

R.  G.  Clerk. 


CHAP.   182.]  WRITS    AND    MESNE    PROCESS. 


363 


Sec.  12. 


CAPIAS  AND  ATTACHMENT. 


THE    STATE    OF    NEW    HAMPSHIRE. 


To  the  sheriff  of  any  county  in  this  State,  or  his 
deputy. 

We  command  you  to  arrest  the  body  of  A.  D.  of  or  to 

attach  his  goods  or  estate  to  the  vahie  of  dollars,  (if  to  be 

found  in  your  precinct,)  and  summon  him  to  appear  before  the 
justices  of  the  court  of  to  be  holden  at  in  said  county 

of  on  the  Tuesday  of  to  answer  to  B.  P.  of 

in  a  plea  of  to  the  damage  of  the  said  B.  P.,  as  he  says,  the 

sum  of  dollars.     And  make  return  of  this  writ  with  your 

doings  therein. 

Witness  J.  P.  Esquire,  the  day  of  A.  D. 

R.  G.  Clerk. 


Sec  13. 


SUMMONS. 


THE    STATE    OF    NEW    HAMPSHIRE. 


To  the  sheriff  of  any  county  in  this   State,  or  his 
deputy. 

We  command  you  to  summon  A.  D.  of  (if  to  be  found  in 

your  precinct)  to  appear  before  the  justices  of  the  court  of  to 

be  holden  at  in  said  county  of  to  answer  to  [of] 

in  a  plea  of  to  the  damage  of  the  said  B.  P.,  as  he  says, 

the  sum  of  dollars.     And  make  return  of  this  writ  and  your 

doings  therein. 

Witness  J.  P.  Esquire,  the  day  of  A.  D. 

R.  G.  Clerk. 


Sec.  14. 


REPLEVIN. 


THE    STATE    OF    NEW    HAMPSHIRE. 


To  the  sheriff  of  any  county  in  this  State,  or  his 
deputy. 

We  command  you  to  replevy  belonging  to  A.  P.  of 

wrongfully  taken  and  detained,  as  it  is  said,  by  A.  D.  of  and 

deliver  the  same  to  the  said  A.  P.,  provided  he  give  bond  to  the 
value  of  dollars,  with  sufficient  sureties,  to  prosecute  his  re- 

plevin at  the  court  of  to  be  holden  at  in  the  county  of 

on  the  Tuesday  of  and  so  from  court  to  court 

until  the  cause  be  ended,  and  to  pay  such  costs  and  damages  as  the 


364  WRITS    AND    MESNE    PROCESS.  [XITLE    XXI. 

said  A.  D.  shall  recover  against  him.  And  we  command  you  to 
summon  the  said  A.  D.  (if  to  be  found  in  your  precinct)  to  appear 
before  the  justices  of  the  court  aforesaid,  at  the  time  and  place 
aforesaid,  to  answer  to  said  A.  P.  in  a  plea  of  replevin  to 

the  damage  of  the  said  A.  P.,  as  he  says,  the  sum  of  dollars. 

And  make  return  of  this  writ  with  your  doings  therein. 
Witness  J.  P.  Esquire,  the  day  of  A.  D. 

R.  G.  Clerk. 

Sec.  15.  TRUSTEE. 

THE    STATE    OF    NEW    HAMPSHIRE. 


To  the   sheriff  of  any    county   in  this   State,   or  his 
deputy. 

We  command  you  to  attach  the  goods  or  estate  of  A.  D.  of 
to  the  value  of  dollars,  and  summon  him  (if  to  be  found 

in  your  precinct)  to  appear  before  the  justices  of  the  court  of 
to  be  holden  at  in  said  county,  on  the  day  of 

to  answer  to  A.  P.  of  in  a  plea  of  to  the  damage 

of  the  said  A.  P.,  as  he  says,  the  sum  of  dollars.      We  also 

command  you  to  attach  the  money,  goods,  chattels,  rights  and 
credits  of  the  said  A.  D'.  in  the  hands  and  possession  of  E.  T.  to 
the  value  of  dollars,  and  summon  said  E.  T.  (if  to  be  found 

in  your  precinct)  to  appear  at  said  court  and  show  cause,  if  any  he 
has,  why  execution  should  not  issue  against  him  for  the  damage 
which  may  be  recovered  by  said  A.  P.  against  said  A.  D,  And 
make  return  of  this  writ  with  your  doings  therein. 

Witness  J.  P.,  Esquire,  the  day  of  A.  D. 

R.  G.  Clerk. 

Sec.  16.  SCIRE  FACIAS. 

THE    STATE    OF    NEW    HAMPSHIRE. 

ss. 
To  the    sheriff  of  any   county    in   this  State,  or   his 
deputy. 

Whereas  A.  P.   of  by  the  consideration  of  the  justices  of 

the  court  of  holden  at  in  said  county,  on  the  day 

of  recovered  judgment  against  A.  D.  of  for  the  sum 

of  dollars,  and  costs  taxed  at  as  appears  of  record,  and 

execution  thereof  remains  to  be  done  : 

We   command  you,  therefore,  to    summon  the  said  A.   D.  to 
appear  before  the  justices  of  the  court  of  to  be  holden  at 

in  said  county  of  on  the  Tuesday  of  to  show 


CHAP.  183.] 


SERVICE    OF    WRITS. 


365 


cause,  if  any  he  has,  wherefore  the  said  A.  P.  should  not  have 
execution  against  him  for  the  sums  aforesaid.  And  make  return 
of  this  writ  and  yom*  doings  therein. 

Witness  J.  P.,  Esquire,  the  day  of  A.  D, 

R.  G.  Clerk. 

Sec.  17.  All  original  writs  shall,  before  they  are  served,  be  en- 
dorsed on  the  back  thereof  by  the  plaintiff,  his  agent  or  attorney, 
being  an  inhabitant  of  this  State,  and  if  the  plaintiff  is  not  an  in- 
habitant of  the  State,  by  some  responsible  person  who  is  such 
inhabitant. 

Sec  18.  The  person  so  endorsing  any  writ,  shall  be  liable,  in 
case  the  plaintiff  shall  live  out  of  the  State,  upon  return  of  non 
est  inventus  or  that  such  execution  as  may  have  issued  against  the 
plaintiff,  is  unsatisfied,  to  pay  to  the  defendant  all  such  costs  as  he 
may  recover  against  the  plaintiff. 

Sec.  19.  Such  defendant  shall  have  his  remedy  by  writ  of  scire 
facias  against  such  endorser,  which  shall  be  served  upon  the  en- 
dorser before  the  second  term  of  the  court  after  final  judgment  is 
entered  against  the  plaintiff,  or  within  one  year  after  final  judgment 
is  so  rendered  before  a  justice,  and  not  afterwards. 


CHAPTER  183. 

OF  THE  SERVICE  OF  W^RITS. 


Section 

1.  Notice,  how  long  required. 

2.  Service  of  scire  facias,  review,  &c. 

3.  Summons    to  be  given,  when. 

4.  What  inserted  in  such  summons. 

5.  Service,  if  defendant  is  not  an  inhab- 

itant of  the  State. 


Section 

6.  Evidence  of  such  service,  what  is. 

7.  Service  on  attorney,  when. 

8.  "        on  towns,  how  made. 

9.  "        on  other  corporations. 
10.        "        on  counties. 


Section  1.  All  original  writs  and  writs  of  mesne  process  shall 
be  served  upon  individuals,  fourteen  days  before  the  sitting  of  the 
court  to  which  the  same  are  returnable,  and  upon  corporations, 
thirty  days  before  the  sitting  of  such  court. 

Sec  2.  Writs  of  summons,  scire  facias  and  review  shall  be 
served  by  reading  the  same  to  the  defendant,  or  by  giving  to  him 
an  attested  copy  thereof  or  leaving  such  copy  at  his  usual  place  of 
abode  ;  and  if  the  writ  is  brought  for  dower,  a  like  copy  shall  be 
left  with  the  tenant  or  occupant  of  the  land  whereof  the  dower  is 
demanded,  if  there  is  any. 

Sec  3.  When  the  goods  or  estate  of  any  person  shall  be  attached, 
a  summons  in  the  form  prescribed  by  law  shall  be  delivered  to  the 


366  SERVICE    OF    WRITS.  [TITLE  XXI. 

defendant  or  left  at  his  usual  place  of  abode,  with  the  name  and 
office  of  the  officer  serving  the  same,  endorsed  by  him  thereon. 

Sec.  4.  Every  such  summons  shall  set  forth  the  sum  in  the  note 
or  obligation  declared  upon,  with  the  endorsements  and  dates  there- 
of, the  amount  of  the  account,  in  covenant  what  sum  is  demanded 
in  damages,  and  for  what,  and  in  all  cases  shall  briefly  give  to  the 
defendant  the  same  information  which  the  declaration  gives  more 
at  large,  and  shall  contain  the  substance  thereof. 

Sec.  5.  If  any  defendant  is  not  an  inhabitant  of  this  State  and 
the  writ  is  not  served  on  him  in  person,  but  his  goods  or  estate 
within  this  State  are  attached,  an  attested  copy  of  the  writ,  with 
an  attested  copy  of  the  return,  may  be  given  to  the  defendant  or 
left  at  his  usual  place  of  abode,  or  left  with  his  agent  lawfully  au- 
thorized to  appear  for  him,  or  with  his  tenant  on  or  near  the  land 
attached. 

Sec.  6.  The  giving  or  leaving  such  copy  with  the  defendant  or 
at  his  place  of  abode,  shall  be  proved  by  the  certificate  under  oath 
of  the  officer  who  made  the  attachment,  or  of  some  proper  officer 
in  the  state  where  the  defendant  lives,  or  of  some  other  person. 

Sec  7.  Writs  of  review  and  of  scire  facias  may  be  served,  in 
case  the  defendant  therein  is  not  an  inhabitant  of  this  State,  on  the 
attorney  Avho  appeared  for  such  defendant  in  the  original  action, 
or  by  giving  to  such  defendant  a  copy  of  such  writ,  and  affidavit 
made  thereof. 

Sec.  8.  Any  writ  or  mesne  process  against  any  town  may  be 
served  by  giving  to  the  town  clerk,  if  any  there  be,  or  leaving  at 
his  usual  place  of  abode  an  attested  copy  of  the  writ,  and  by  giving 
to  one  of  the  selectmen,  if  any  there  be,  or  leaving  at  his  usual 
place  of  abode  a  like  copy  ;  or,  if  there  be  no  town  clerk  or  se- 
lectman, by  giving  such  copy  to  one  of  the  principal  inhabitants  or 
leaving  the  same  at  his  usual  place  of  abode. 

Sec  9.  Any  writ  or  process  against  any  other  corporation  or 
body  politic,  may  be  served  by  leaving  an  attested  copy  thereof 
with  the  clerk,  treasurer  or  one  of  the  directors,  and  in  case  of 
their  absence  from  the  State,  with  any  principal  member  thereof, 
or  with  the  agent,  overseer  or  person  having  the  care  and  control 
of  the  corporate  property  or  part  thereof,  or  leaving  the  same  at 
the  usual  place  of  abode  of  either  of  them. 

Sec  10.  Any  writ  against  a  county  shall  be  served  by  leaving 
an  attested  copy  thereof  with  the  clerk  of  the  court  of  common 
pleas,  thirty  days  before  the  sitting  of  the  court  to  which  such  writ 
is  returnable. 


CHAP.  184.] 


ATTACHMENTS. 


367 


CUAPTEir  1S4. 


OF  ATTACHMENTS. 


Section 

1.  What  property  may  be  attached. 

2.  Property  exempt  from  attachment. 

3.  Real  estate,  how  attached. 

4.  Return,  evidence  of  time  ;  town  clerk 

to  minute  time. 

5.  What  interest  holden  by  attachment 

of  real  estate. 

6.  Attaching  creditor  may  tender, when. 

7.  May  demand  an  account  of  sum  due. 

8.  Creditor  entitled  to  conveyance. 

9.  Rights  of  creditor  and  debtor,  what. 

10.  Attachment  not  defeated  by  change 

of  title. 

11.  Shares  in  corporations,  how  attached. 

12.  Pews,  how  attached. 

13.  Franchises,  how  attached. 

14.  Hay  and   other   bulky  articles,  how 

attached. 

15.  Mortgaged  property,  how  attached. 

16.  Mortgagee  to  give  account  of  debt. 
17    Property  sold  by  consent  of  parties. 

18.  Perishable  or  expensive  property  may 

be  examined. 

19.  Persons  to  examine,  how  appointed. 


Section 

20.  Property  sold  on  their  certificate. 

21.  Appraisers  appointed,  when  and  how. 

22.  Schedule  to  be  made,  and  appraisal 

certified. 

23.  Property  restored  to  debtor  on  bond. 

24.  Property  liable  to  attachment. 
2-5.  Officer  to  return  doings  and  bond. 

26.  Bond  for  benefit  of  all  attaching. 

27.  Scire  facias  may  be  sued  out  on  bond 

by  one  or  more  creditors. 

28.  In  debt,  party   suing  shall  endorse 

writ — how  brought. 

29.  Endorsers  to  be  deemed  plaintiffs. 

30.  Attachments,  how  dissolved. 

31.  Not  by  death,  unless  estate  insolvent. 

32.  Property  or  proceeds  restored  to  debt- 

or, if  attachment  dissolved. 

33.  Property  holden  30  daj's  after  judg- 

ment in  order  of  attachments. 

34.  Proceeds    holden  in   order  of  attach- 

ments, if  demanded  in  30  days. 

35.  Property  holden  30  days  after  a  judg- 

ment in  vacation. 


Section  1.  All  property,  real  and  personal,  which  is  liable  to  be 
taken  in  execution,  may  be  attached  and  held  as  security  for  the 
judgment  the  plaintiff  may  recover. 

Sec.  2.  The  following  goods  and  property  shall  be  exempted 
from  attachment  and  execution : 

1.  The  wearing  apparel  necessary  for  the  use  of  the  debtor  and 
his  family ; 

2.  Comfortable  beds,  bedsteads  and  bedding  necessary  for  the 
debtor,  his  wife  and  children  ; 

3.  Household  furniture  to  the  value  of  twenty  dollars  ; 

4.  The  bibles  and  school  books  in  use  in  the  family ; 

5.  One  cow  and  one  and  a  half  tons  of  hay ; 

6.  One  hog  and  one  pig,  and  the  pork  of  the  same  when  slaugh- 
tered ; 

7.  Tools  of  his  occupation  to  the  value  of  twenty  dollars ; 

8.  Six  sheep  and  the  fleeces  of  the  same ; 

9.  One  cooking  stove  and  the  necessary  furniture  belonging  to 
the  same ; 


368  ATTACHMENTS.  [TITLE  XX!. 

10.  Provisions  and  fuel  to  the  value  of  twenty  dollars  ; 

11.  The  uniform,  arms  and  equipments  of  every  officer  and  pri- 
vate in  the  militia  ; 

12.  The  debtor's  interest  in  one  pew  in  any  meeting  house  in 
which  he  or  his  family  usually  worship  ; 

13.  The  debtor's  interest  in  one  lot  or  right  of  burial  in  any 
cemetery. 

Sec.  3.  Real  estate  shall  be  attached  on  any  writ  or  mesne  pro- 
cess, by  the  officer  leaving  an  attested  copy  of  such  writ  and  of 
his  return  of  such  attachment  thereon,  at  the  dwelHng  house  of 
the  town  clerk  of  the  town  in  which  such  real  estate  is  situate,  or 
if  there  is  no  town  clerk,  with  the  clerk  of  the  court  of  common 
pleas  of  the  county,  without  any  other  act  or  ceremony. 

Sec  4.  The  officer's  return  shall  always  be  sufficient  evidence 
that  such  copy  has  been  so  left  and  of  the  time  thereof;  but  the 
town  clerk  or  clerk  of  the  court  shall  certify  thereon  the  time 
when  such  copy  was  received,  and  keep  the  same  on  file,  and  shall 
receive  of  the  officer  therefor  seventeen  cents. 

Sec.  5.  By  an  attachment  of  real  estate  all  the  debtor's  interest 
therein  shall  be  held  to  satisfy  the  judgment,  though  such  interest 
be  a  right  of  redeeming  the  same  upon  a  mortgage,  or  levy,  or  sale 
on  execution  or  for  taxes,  or  a  right  to  receive  a  conveyance  there- 
of by  any  contract. 

Sec.  6.  Any  creditor  attaching  such  right  of  redeeming,  may  at 
any  time  while  such  right  exists,  as  well  before  as  after  sale  there- 
of on  his  execution,  pay  or  tender  to  the  person  entitled  to  the 
redemption  money,  the  full  sum  due  to  him ;  and,  upon  such  pay- 
ment or  tender,  the  interest  in  such  real  estate  derived  from  such 
mortgage,  levy  or  sale,  shall,  as  against  such  attachment  and  the 
rights  acquired  under  it,  cease. 

Sec  7.  Such  creditor  or  the  officer  serving  the  writ,  may  de- 
mand of  the  person  entitled  to  the  redemption  money,  an  account 
under  oath  of  the  amount  due  him ;  and  if  such  account  be  not 
rendered  within  fifteen  days  after  or  a  false  account  shall  be  ren- 
dered, his  said  interest  in  such  real  estate  shall,  as  against  such 
attachment  and  the  rights  acquired  under  it,  cease. 

Sec  8.  If  such  creditor,  after  payment  of  the  redemption  mon- 
ey, shall  suffer  his  attachment  or  levy  to  be  dissolved,  or  the  same 
shall  in  any  way  be  defeated,  he  shall  be  entitled  to  receive  from 
the  person  to  whom  the  payment  was  made,  a  good  and  valid  con- 
veyance of  his  right  to  such  real  estate. 

Sec  9.  If  any  such  person,  being  requested  to  make  such  con- 
veyance and  having  his  reasonable  charges  therefor  paid  or  tender- 
ed to  him,  shall  unreasonably  neglect  or  refuse  to  make  and  exe- 
cute the  same,  such  creditor  may  maintain  an  action  of  assumpsit 
against  such  person  to  recover  the  money  paid  as  aforesaid,  Avith 
interest.  The  debtor  in  such  case  shall  be  entitled  to  notice  in 
writing  of  such  conveyance,  neglect  or  refusal,  and,  after  such  no- 


CHAP.   184.]  ATTACHMENTS.  369 

tice,  shfill  have  the  same  time  for  redeeming  sitch  real  estate  that 
he  had  at  the  time  of  attachment. 

Sec.  10.  No  attachment  of  any  interest  in  real  estate  shall  be 
defeated  by  any  change  of  the  nature  of  the  debtor's  right  thereto, 
as  by  redemption  of  any  mortgage  or  other  incumbrance,  or  the 
execution  to  him  of  any  conveyance  pursuant  to  a  contract,  but 
the  whole  interest  of  the  debtor  upon  such  change  shall  be  held 
by  the  attachment. 

Sec.  11.  The  share  or  interest  of  any  person  in  any  corporation 
may  be  attached  by  the  officer,  by  leaving  an  attested  copy  of  the 
writ  and  of  his  return  thereon  with  the  clerk,  treasurer,  cashier, 
a.gent  or  person  having  the  care  of  the  property  of  such  corpora- 
tion, or  at  his  usual  place  of  abode,  and  the  dividends  becoming 
due  afterwards  shall  be  holden  by  such  attachment. 

Sec.  12.  Pews  or  seats  in  meeting  houses  or  places  of  public 
worship  shall  be  deemed  personal  property,  and  may  be  attached 
by  leaving  an  attested  copy  of  the  writ  and  of  the  officer's  return 
thereon,  with  the  town  clerk  of  the  town  in  which  such  meeting 
house  is. 

Sec.  13.  The  franchise  of  any  corporation  authorized  to  receive 
tolls,  so  far  as  relates  to  the  rights  to  receive  tolls,  with  all  the  priv- 
ileges and  immunities  belonging  thereto,  may  be  attached  by  leav- 
ing an  attested  copy  of  the  writ  and  of  the  officer's  return  thereon 
Avith  the  clerk,  treasurer  or  a  director  of  such  corporation. 

Sec.  14.  The  officer  attaching  grain  unthreshed,  hay  or  pota- 
toes, any  lumber  or  fuel,  bricks,  stone,  lime,  gypsum  or  ore,  manu- 
facturing or  other  machinery,  bark  or  hides  in  the  process  of  tan- 
ning, may  leave  an  attested  copy  of  the  writ  and  of  his  return  of 
such  attachment  thereon,  as  in  the  attachment  of  real  estate  ;  and 
in  such  case,  the  attachment  shall  not  be  dissolved  or  defeated  by 
any  neglect  of  the  officer  to  retain  actual  possession  of  the  pro- 
perty. 

Sec.  15.  Any  personal  property  not  exempt  from  attachment, 
subject  to  any  mortgage,  pledge  or  lien,  may  be  attached  as  the 
property  of  a  mortgager,  pledger  or  general  owner,  the  attaching 
creditor  or  officer  paying  or  tendering  to  the  mortgagee,  pledgee, 
or  holder  the  amount  for  which  said  property  is  holden,  as  ascer- 
tained in  the  mode  provided  by  the  following  section. 

Sec.  16.  Such  creditor  or  officer  may  demand  of  the  mortgagee, 
pledgee  or  holder  an  account  on  oath  of  the  amount  due  upon  the 
debt  or  demand  secured  by  such  mortgage,  pledge  or  lien,  and  the 
officer  may  retain  such  property  in  his  custody  until  the  same  is 
given,  without  tender  or  payment;  and  if  such  account  shall  not 
be  given  within  fifteen  days  after  such  demand,  or  if  a  false  ac- 
count is  given,  such  property  may  be  holden  discharged  from  such 
mortgage,  pledge  or  lien. 

Sec.  17.  Personal  property  attached  shall  be  sold  by  the  officer 
before  judgment,  if  the  parties  consent  thereto  in  writing,  and  such 
47 


370  ATTACHMENTS.  [TITLE  XXI. 

sale  shall  be  made  in  the  same  manner  as  sales  of  property  taken 
on  execution,  unless  a  different  mode  shall  be  agreed  on  by  the 
parties. 

Sec.  18.  When  living  animals  or  goods  liable  to  perish,  or  waste 
or  to  be  greatly  reduced  in  value  by  keeping,  or  which  cannot  be 
kept  without  great  expense,  are  attached  and  the  parties  do  not 
consent  to  a  sale,  the  officer  on  application  of  either  of  the  parties 
may  cause  the  same  to  be  examined  in  the  manner  following  : — 

Sec.  19.  Three  disinterested  persons  conversant  with  the  nature 
and  value  of  such  property,  shall  be  appointed,  one  by  the  officer, 
one  by  the  creditor  and  one  by  the  debtor.  The  officer  shall  ap- 
point an  examiner  for  the  creditor  or  debtor,  in  any  case  where  he 
might  appoint  an  appraiser  for  the  debtor  upon  the  levy  of  an  exe- 
cution on  real  estate. 

Sec.  20.  The  persons  so  appointed  being  sworn  to  the  faithful 
discharge  of  their  duties,  shall  examine  the  property  and  decide 
what  part  of  the  property  is  such  as  is  described  in  the  second  pre- 
ceding section,  and  certify  the  same  to  the  officer,  and  he  shall 
thereupon  advertise  and  sell  the  property  so  certified,  in  the  same 
manner  as  if  the  parties  consented  thereto. 

Sec  21.  If  the  debtor  shall  before  such  notice  of  sale  request 
any  personal  property  attached  to  be  restored  to  him,  and  the  offi- 
cer shall  not  agree  with  him  as  to  the  value  thereof,  the  officer 
shall  cause  three  disinterested  persons  to  be  appointed  to  appraise 
the  same,  who  shall  be  appointed  and  sworn  in  the  manner  provi- 
ded in  the  two  preceding  sections. 

Sec.  22.  The  officer  shall  cause  a  schedule  of  such  property  to 
be  prepared,  and  the  persons  so  appointed  shall  appraise  the  same 
at  their  cash  value  at  that  time,  and  make  a  certificate  of  their 
doings  on  such  schedule. 

Sec.  23.  The  property  so  appraised  or  the  value  of  which  has' 
been  agreed  on  by  the  officer  and  debtor,  shall  be  restored  to  the 
debtor  upon  his  giving  a  bond  to  the  sheriff,  if  the  attachment  is 
made  by  him  or  his  deputy,  otherwise  to  the  coroner  or  constable 
making  the  same,  in  sufficient  penalty,  with  sufficient  sureties,  con- 
ditioned to  pay  the  appraised  or  agreed  value  thereof,  or  so  much 
as  may  be  necessary  towards  the  satisfaction  of  any  executions, 
for  the  payment  of  which  the  property  or  its  proceeds  are  by  law 
holden. 

Sec  24.  Property  attached  shall  be  deemed  to  remain  in  the 
custody  of  the  officer,  so  far  as  to  be  liable  to  attachment  in  the 
same  maimer  it  would  have  been,  if  it  had  remained  in  his  hands 
specifically,  notwithstanding  the  same  may  have  been  sold  or  re- 
stored to  the  debtor,  or  taken  from  the  officer  by  any  writ  of 
replevin. 

Sec  25.  The  officer  shall  make  return  of  his  doings  upon  every 
writ  where  property  is  sold  by  consent  or  upon  such  certificate  as 
aforesaid,  or  restored  to  the  debtor,  and  in  those  cases  the  bond 


CHAP.    184.]  ATTACHMEiMS.  371 

taken  shall  be  returned  with  the  writ  on  whicli  the  first  attach- 
ment is  made,  and  shall  be  deemed  a  record  of  the  court  to  which 
such  writ  is  returnable. 

Sec.  26.  Every  bond  given  by  the  debtor  and  every  replevin 
bond  in  the  cases  aforesaid,  shall  be  deemed  to  be  given  for  the 
benefit  of  all  persons  who  have  attached  or  may  attach  the  same, 
to  the  full  value  of  the  property. 

Sec.  27.  In  case  such  bond  shall  be  forfeited,  any  attaching 
creditor  or  his  representative  may  bring  a  writ  of  scire  facias  there- 
on, within  two  years  after  the  cause  of  such  action  shall  accrue, 
and  not  afterwards.  Two  or  more  creditors  may  join  in  such 
action,  and  separate  executions  shall  be  awarded  to  each  for  the 
amount  due  to  them  respectively. 

Sec.  28.  Any  party  interested  may  maintain  an  action  of  debt 
on  such  bond  in  the  name  of  the  officer  to  whom  the  same  is  pay- 
able, within  the  period  above  limited.  The  name  of  such  party 
shall  be  endorsed  on  the  writ,  and  any  other  party  may  cause  his 
name  to  be  so  endorsed  at  any  time  by  leave  of  the  court. 

Sec.  29.  The  persons  whose  names  are  so  endorsed,  shall  be 
deemed  the  plaintiffs  for  every  purpose,  and  execution  shall  issue 
in  favor  of  each  for  the  amount  due  to  them  respectively,  and 
against  them  for  costs,  if  judgment  should  be  rendered  for  the 
defendants  in  such  action. 

Sec.  30.  When  any  judgment  shall  be  rendered  for  the  defend- 
ant, upon  which  execution  may  issue,  or  when  the  action  shall  be 
compromised  or  dismissed,  the  attachment  made  in  such  action 
shall  be  dissolved  thereby. 

Sec  31.  Attachments  shall  be  dissolved  by  the  death  of  the 
defendant,  in  case  his  estate  shall  be  decreed  to  be  administered  as 
an  insolvent  estate,  but  not  otherwise,  if  the  cause  of  action  by  law 
survives. 

Sec.  32.  In  case  the  attachments  on  any  property  are  dissolved 
or  if  the  same  has  been  sold,  the  money  arising  from  the  sale  there- 
of, deducting  the  charges  and  expenses  of  sale,  shall  be  restored  to 
the  debtor  or  his  personal  representative  upon  request,  or  if  the 
same  has  been  restored  to  the  debtor  on  his  bond,  the  said  bond 
shall  be  void. 

Sec  33.  Property  attached  shall  be  holden  until  the  expiration 
of  thirty  days  from  the  time  of  rendering  such  judgment  in  the 
action,  in  favor  of  the  plaintitF,  that  execution  may  issue  thereon  ,• 
and  if  there  are  several  attachments,  the  property  shall  be  holden 
to  the  creditors  in  the  order  in  which  their  attachments  were  made. 

Sec  34.  The  proceeds  of  property  sold  on  any  writ,  and  the 
amount  secured  by  bond  when  property  attached  is  restored  to  the 
debtor,  shall  be  holden  to  pay  the  executions  issuing  in  the  actions 
in  which  the  attachments  were  made,  in  the  order  in  which  they 
were  made,  if  demanded  by  the  officer  to  whom  such  execution 
may  be  committed,  within  thirty  days  after  judgment  is  rendered. 


372 


ARRESTS    AND    BAIL. 


[title  XXI. 


Sec.  35.  If  judgment  shall  be  rendered  in  vacation  by  direction 
of  the  court  as  of  a  previous  term,  the  clerk  shall  enter  of  record 
the  day  on  which  the  order  of  court  is  dated,  and  all  property 
attached  shall  be  holden  until  the  expiration  of  thirty  days  from 
that  date. 


CHAPTER  185. 


OF  ARRESTS  AND  BAIL. 


Section 

1.  Females  not  be  arrested  for  debt. 

2.  Nor  voters,  on  days  of  election. 

3.  Nor  officers  and  soldiers  on  duty. 

4.  Nor  administrators   for   causes  of  ac- 

tion against  deceased. 

5.  Nor  sheriffs  while  in  office. 

6.  Nor  defendants  in  real  actions. 

7.  Nor   upon  a  contract,  where  damages 

under  $13-33. 

8.  Nor  on  contract  since  March  1,  1841, 

unless  on  affidavit. 


Section 

9.  Persons  arrested  discharged    by  jus- 
tices, how. 

10.  Court  may  discharge  debtor,  how. 

11.  Discharge  does  not  affect  debt. 

12.  Court   may    permit   arrest   and   bail 

pending  a  suit. 

13.  Bail,  how  taken  on  writ. 

14.  "        "         "        after  commitment. 

15.  Names    and   residence    of  bail   to  be 

returned. 

16.  .Persons  imprisoned  held  30  days  af- 

ter judgment. 


Section  1.  No  female  shall  be  arrested  or  imprisoned  upon  any 
writ  in  any  action  founded  on  contract. 

Sec.  2.  No  person  entitled  to  vote  at  any  town  meeting,  shall 
be  liable  to  arrest  upon  any  civil  process  on  the  day  on  which  such 
meeting  is  held. 

Sec.  3.  No  officer  or  soldier  shall  be  liable  to  arrest  upon  any 
civil  process  while  going  to,  returning  from  or  attending  at  any 
military  exercise  or  parade,  or  any  court  martial  or  court  of  inquiry, 
which  it  shall  be  his  duty  to  attend. 

Sec.  4.  No  executor  or  administrator  shall  be  liable  to  arrest  for 
any  cause  of  action  against  any  person  deceased. 

Sec.  5.  No  sheriff  shall  be  liable  to  arrest  upon  any  civil  process 
while  he  remains  in  office. 

Sec.  6.  No  person  shall  be  liable  to  arrest  on  mesne  process  in 
any  real  action  or  action  of  ejectment. 

Sec.  7.  No  person  shall  be  arrested  or  imprisoned  on  any  writ 
in  any  action  founded  on  a  contract,  unless  the  debt  or  damage  for 
the  recovery  of  which  such  action  maybe  brought,  exclusive  of  all 
the  costs,  shall  exceed  the  sum  of  thirteen  dollars  and  thirty-three 
cents. 

Sec.  8.  No  person  shall  be  arrested  upon  any  writ  or  execution 
founded  on  a  contract  made  after  the  first  day  of  March,  one  thou- 


CHAP.   185.]  ARRESTS    AND    BAIL.  378 

sand  eight  hundred  and  forty-one,  unless  the  plaintiff  or  some  per- 
son in  his  behalf  shall  make  an  affidavit  before  a  justice,  on  the 
back  of  such  writ,  that  in  his  belief  the  defendant  is  justly  in- 
debted to  him  in  a  certain  sum  exceeding  thirteen  dollars  and  thir- 
ty-three cents,  and  that  he  conceals  his  property  so  that  no  attach- 
ment or  levy  can  be  made,  or  that  there  is  good  reason  to  believe 
he  is  about  to  leave  the  State  to  avoid  the  payment  of  his  debts. 

Sec.  9.  The  defendant  in  such  case,  when  arrested,  may  require 
the  officer  making  the  arrest,  to  carry  him  before  two  justices,  one 
of  whom  shall  be  of  the  quorum;  and  such  justices  upon  consider- 
ing his  affidavit  and  such  evidence  as  may  be  laid  before  them,  if 
they  believe  he  does  not  so  conceal  his  property  and  has  no  inten- 
tion to  leave  the  State,  may  make  an  order  for  his  discharge  upon 
the  writ  or  execution,  and  he  shall  be  released. 

Sec.  10.  At  the  return  term  of  such  writ  the  defendant  may 
move  the  court  to  be  discharged,  or  that  his  bail  or  sureties  may  be 
discharged,  and  the  court,  upon  satisfactory  evidence  that  the  de- 
fendant does  not  conceal  his  estate  and  does  not  intend  to  leave  the 
State,  may  order  such  discharge. 

Sec.  11.  No  such  discharge  nor  any  discharge  of  any  person 
ai-rested  or  imprisoned  on  execution,  shall  discharge  the  debt  or 
judgment  upon  which  the  execution  issued. 

Sec  12.  In  any  case  when  no  sufficient  attachment  has  been 
made,  and  there  is  no  sufficient  bail,  the  court  or  any  justice  there- 
of, upon  motion  and  satisfactory  evidence  that  the  defendant  intends 
to  leave  the  State,  may  order  a  capias  to  issue,  on  which  the  de- 
feu-dant  may  be  arrested  and  held  to  bail  as  on  an  original  writ. 

Sec.  13.  When  any  person  shall  be  arrested  on  mesne  process, 
he  shall  be  committed  to  jail,  unless  he  shall  procure  one  or  more 
persons  of  sufficient  ability,  to  the  satisfaction  of  the  officer,  to  be- 
come his  bail  by  endorsing  their  names  or  signatm'es,  as  bail,  on  the 
back  of  the  writ. 

Sec  14.  Any  person  committed  to  jail  before  judgment  by  any 
officer,  or  by  his  bail,  or  upon  a  surrender  by  his  bail  in  court, 
shall  be  discharged  upon  procuring  one  or  more  persons  of  sufficient 
ability,  to  the  satisfaction  of  the  keeper  of  the  jail,  to  become  his 
bail  by  endorsing  their  names  or  signatures,  as  bail,  on  the  back  of 
the  copy  or  order  of  court  on  which  such  person  shall  be  detained 
in  jail,  and  the  jailer  shall  make  return  of  such  copy  or  order  and 
his  doings  thereon,  into  the  court,  and  such  endorsement  and  re- 
turn shall  be  of  the  same  force  and  effect  as  if  made  on  the  original 
writ. 

Sec  15.  The  officer  taking  any  person  as  bail,  shall  return  his 
name  and  place  of  abode  upon  the  writ,  copy  or  order  of  court  on 
which  such  person  shall  be  arrested  or  detained  in  prison. 

Sec.  16.  If  any  person  shall  be  committed  to  prison  by  the  offi- 
cer or  his  bail,  or  upon  surrender  by  his  bail,  he  shall,  unless  he 
shall  be  bailed  before  the  judgment,  be  held  in  prison  until  the 


374 


PROCEEDINGS     IN     COURTS.  [tITLE  XXII. 


expiration  of  thirty  days  after  the  rendition  of  such  judgment  for 
the  plaintiff  as  execution  may  issue  upon,  unless  sooner  legally 
discharged. 


TITL.E    XXII. 

OF  PROCEEDINGS  IN  COURTS. 


Chapter  186. 
Chapter  187. 
Chapter  188. 
Chapter  189. 
Chapter  190. 
Chapter  191. 


Of  nonsuit,  default,  notice  and  abatement. 
Of  tender,  confession,  pleading  and  set-off. 
Of  views  and  evidence. 
Of  auditors. 
Of  judgments. 
Of  costs. 


Chapter  192.  Of  reviews  and  new  trials. 


CHAPTER   186. 


OF  NONSUIT,  DEFAULT,  NOTICE  AND  ABATEMENT. 


Section 

1.  Neglect  to  enter  action,  penalty. 

2.  Nonsuit,  costs  for  defendant. 

3.  Default  to  be  entered,  when. 

4.  "       when  struck  off. 

.5.  Notice  by  publication,  when  made. 

6.  "       special,  when  given. 

7.  Notice  by    advertisement   before  jus- 

tices. 

8.  Bond  to  respond  on  review,  when. 

9.  Review,  when  to  be  brought. 

10.  Want  of  form,  not  to  abate. 

11.  Amendments  in  substance  made. 


Section 

12.  Nonjoinder  of  tenants  not  to  abate. 

13.  Disclaimer,  costs  on,  when. 

14.  Survivor  of  actions,  when. 

15.  Surviving  party  may  proceed,  when. 

16.  Marriage  of  female  defendant  not  to 

abate. 

17.  Marriage    of  female  plaintiff  not   to 

abate  ■ 

18.  Nonjoinder  of  any  party  not  to  abate. 

19.  Names  of  defendants  struck  out. 

20.  Notice  of  petitions,  how  given. 

21.  Order  of  notice  in  vacation, how  given. 


Section  1.  If  any  person  shall  neglect  to  enter  in  court  any 
action  by  him  commenced,  in  which  any  process  shall  have  been 
served  on  the  defendant,  judgment  shall  be  rendered  against  him, 
on  complaint,  for  costs. 

Sec.  2.  If  the  plaintiff  after  entry  of  any  action  shall  become 
nonsuit,  judgment  shall  be  rendered  against  him  in  favor  of  the 
defendant  for  costs. 


CHAP.    186]  NOTICE.  375 

Sec.  3.  If  any  defendant  on  whom  process  has  been  duly  served, 
shall  neglect  to  appear  at  the  court  to  which  the  same  is  returned, 
his  default  shall  be  recorded  and  judgment  shall  be  rendered 
against  him  for  such  damages  as,  upon  inquiry,  the  plaintiff  shall 
appear  to  have  sustained. 

Sec.  4.  The  defendant  may  be  permitted  to  enter  an  appearance 
after  a  default,  at  the  discretion  of  the  court  or  justice,  upon  the 
payment  of  reasonable  costs. 

Sec  5.  In  any  action  commenced  against  any  defendant  who  is 
not  an  inhabitant  of  this  State,  or  whose  residence  is  unknown  to 
the  officer  serving  the  writ,  and  the  goods  and  estate  of  the  defend- 
ant within  this  State  shall  be  attached,  or  when  the  defendant  shall 
be  absent  from  the  State  at  the  time  of  commencing  such  action, 
and  shall  not  have  returned  at  the  time  appointed  for  trial,  and  no 
personal  service  is  made  on  the  defendant,  the  court,  on  the  sug- 
gestion thereof,  may  order  the  action  to  be  continued  and  notice 
to  be  given  of  the  pendency  thereof,  by  publishing  the  order  of 
court  in  such  newspaper  printed  in  this  State,  and  for  such  period 
of  time  as  the  court  may  therein  direct,  the  last  publication  to  be 
at  least  thirty  days  before  the  next  term  of  the  court. 

Sec  6.  The  court  may  also,  in  their  discretion,  order  such  fiu'- 
ther  notice  and  in  such  form,  by  mail  or  otherwise,  as  they  may 
think  proper,  and  upon  satisfactory  evidence  that  the  order  of  the 
court  has  been  complied  with,  such  notice  shall  be  sufficient. 

Sec  7.  In  actions  before  a  justice  commenced  by  attachment,  if 
no  personal  service  is  made  upon  the  defendant  by  reason  that  he 
resides  out  of  the  State,  or  that  his  residence  is  unknown  to  the 
officer  serving  the  writ,  the  action  shall  be  continued  not  less  than 
sixty  nor  more  than  ninety  days,  and  the  justice  shall  order  notice 
of  the  pendency  of  such  suit  to  be  given,  by  posting  up  a  copy  of 
such  order  in  two  or  more  public  places  in  the  town  where  the  de- 
fendant was  last  known  to  be  an  inhabitant  in  this  State,  forty 
days  at  least  before  the  day  to  which  said  action  shall  be  con- 
tinued. 

Sec  8.  If  the  defendant  shall  not  appear  at  the  time  and  place 
to  which  said  action  v/as  continued,  judgment  shall  be  rendered  on 
satisfactory  evidence  that  notice  has  been  posted  up  as  aforesaid, 
and  execution  shall  issue  thereon,  upon  the  plaintitf  filing  Avith 
the  justice  a  bond,  with  sufficient  sureties,  to  the  defendant,  to 
respond  the  judgment  which  the  defendant  may  recover  upon  a 
review  of  said  action. 

Sec  9.  Such  review  may  be  brought  before  the  justice  at  any 
time  within  two  years  after  the  rendition  of  the  judgment,  and  the 
plaintitf  in  such  review  may  have  tlie  benefit  of  all  pleas  and  ad- 
vantages which  he  might  have  had  in  the  original  action. 

Sec  10.  No  writ,  declaration,  return,  process,  judgment  or  other 
proceeding  in  the  courts  or  course  of  justice,  shall  be  abated,  quash- 
ed or  reversed  for  any  error  or  mistake,  where  the   person  or  case 


376  ABATEMENT — AMENDMENT.  [TITLE  XXII. 

tnay  be  rightly  understood  by  the  court,  nor  through  defect  or 
want  of  form  or  addition  only,  and  courts  and  justices  may,  on 
motion,  order  amendment  in  any  such  case. 

Sec.  11.  Amendments  in  matter  of  substance  may  be  permitted 
in  any  action,  in  any  stage  of  the  proceedings,  upon  such  terms  as 
the  court  shall  deem  just  and  reasonable,  but  the  rights  of  third 
persons  shall  not  be  affected  thereby. 

Sec.  12.  In  real  actions  the  writ  shall  not  abate  because  all  the 
tenants  are  not  named  in  it,  but  those  on  whom  the  writ  is  served, 
shall  answer  for  such  part  of  the  premises  demanded  as  they  claim, 
and  may  disclaim  for  the  residue. 

Sec.  13.  In  any  real  action  the  defendant  who  shall  disclaim  the 
whole,  shall  recover  costs,  unless  the  plaintiff  shall  maintain  his 
writ  as  to  the  whole  or  part  of  the  demanded  premises. 

Sec.  14.  Actions  of  trespass  for  breaking  and  entering  on  any 
real  property,  actions  on  the  case  for  trover  and  conversion,  actions 
against  any  sheriff  or  his  deputy  for  any  faults  and  misdoings  in 
office,  real  actions,  actions  of  ejectment,  and  actions  of  trespass  for 
taking  and  carrying  away  any  goods  and  chattels,  shall  not  abate 
by  reason  of  the  death  of  either  party,  but  may  be  prosecuted  to 
judgment  and  reviewed  in  the  same  manner  as  other  actions  the 
cause  of  which  by  law  survives. 

Sec  15.  If  there  are  two  or  more  plaintiffs  or  defendants  and 
either  of  them  shall  die,  the  action  shall  not  be  abated  if  the  right 
of  action  shall  survive,  but  may  be  prosecuted  by  or  against  the 
surviving  parties,  such  death  being  suggested  on  the  record. 

Sec  16.  If  any  female  defendant  shall  marry  pending  any  ac- 
tion, the  court,  upon  suggestion,  may  order  notice  of  such  suit  to 
the  husband,  and  upon  evidence  that  such  order  has  been  complied 
with,  tlie  action  shall  proceed  against  the  husband  and  wife  in  the 
same  manner  as  if  it  had  been  originally  commenced  against  them. 

Sec.  17.  No  action  shall  be  abated  by  the  marriage  of  any  fe- 
male plaintiff,  if  the  husband,  after  due  notice,  to  be  directed  by  the 
court,  shall  become  party  to  the  suit,  in  which  case  the  action  shall 
be  prosecuted  in  the  same  manner  as  if  the  same  had  been  origi- 
nally commenced  by  the  husband  and  wife. 

Sec  18.  No  action  shall  be  abated  by  the  plea  that  there  are 
other  plaintiffs  or  defendants  who  ought  to  be  joined  therein,  but 
such  persons  may  be  made  parties  to  the  action  upon  such  terms 
as  the  court  shall  order,  and  may  be  summoned  by  writ  of  scire 
facias  or  notified  by  publication  in  some  newspaper,  as  the  court 
may  order,  and  the  action  shall  thereafter  proceed  as  if  their  names 
wore  inserted  in  the  original  writ. 

Sec  19.  In  all  actions  where  there  are  two  or  more  defendants, 
the  plaintiff  may  amend  the  writ  before  the  evidence  is  closed,  by 
striking  out  the  names  of  one  or  more  of  the  defendants,  on  paying 
them  their  costs  up  to  that  time. 

Sec  20.  When  any  petition,  complaint,  libel,  application  or  mo- 


CHAP.  187.] 


TENDER CONFESSION. 


877 


tion  in  writing  shall  be  filed  in  court,  the  court  shall  order  notice 
thereof  to  be  given  in  such  manner  as  they  think  proper,  and  no 
judgment  or  decree  shall  be  rendered  thereon  without  compliance 
with  such  order. 

Sec.  21.  Any  such  petition,  complaint,  libel,  application  or  mo- 
tion may  be  filed  in  the  clerk's  office  in  vacation,  and  order  of 
notice  may  be  issued  thereon  under  the  direction  and  rules  of  said 
court. 


CHAPTER  187. 


OF  TENDER,  CONFESSION,  PLEADING  AND  SET-OFF. 


Section 
t.  Tender  to  the  attorney,  how  made. 

2.  Confession  of  damages,  when. 

3.  Brief  statements  under  general  issue. 

4.  Set-ofF  of  mutual  debts,  when. 

5.  "       by  and  against  administrators. 


Section 

6.  Set-ofF  of  bonds,  when  allowed 

7.  Plea  or  notice  of  set-ofF  given. 

8.  Continuance,  if  no  notice  before  court. 

9.  Judgment  for  balance  for  either  party. 
10.  No  set-ofFunless  right  of  action  exists. 


Section  1.  At  any  time  before  the  sitting  of  the  court  to  which 
any  writ  may  be  returnable,  the  defendant  may  tender  to  the  plain- 
tiffs attorney  who  brought  the  action,  the  amount  of  the  debt  and 
costs,  and  such  tender  shall  be  a  bar  to  any  further  proceedings  in 
such  case. 

Sec  2.  In  any  action  the  defendant  may  confess  the  plaintifl^s 
action  or  any  part  thereof,  and  that  the  plaintiff  is  entitled  to  re- 
cover certain  real  estate  or  a  certain  amount  of  debt  or  damages, 
and  plead  to  the  residue  of  his  claim,  and  if  the  plaintiff  shall 
afterwards  prosecute  his  action  and  shall  not  recover  more  than  is 
so  confessed,  the  defendant  shall  recover  his  costs  from  the  date  of 
such  confession. 

Sec  3.  No  special  plea  shall  ever  be  required  in  any  civil  action, 
except  a  plea  of  title  to  real  estate  before  justices  of  the  peace. 
Either  party  may  give  in  evidence  any  matter  in  support  or  de- 
fence of  the  action  under  the  general  issue,  upon  filing  in  court  a 
brief  statement  thereof  within  such  time  as  the  court  may  order. 

Sec  4.  If  there  are  mutual  debts  or  demands  between  the  plain- 
tiff and  defendant  at  the  time  of  the  commencement  of  the 
plaintiff^s  action,  one  debt  or  demand  may  be  set  off  against  the 
other. 

Sec  5.  Mutual  debts  or  demands  existing  between  any  person 
deceased  at  the  time  of  his  death  and  any  other  person,  may  be  set 
off  in  actions  by  or  against  the  executor  or  administrator. 

Sec  6.  If  the  defendant's  debt  or  demand  is  founded  on  any 
48 


378 


SET-OFF VIEWS EVIDENCE.  [tITLE  XXII. 


bond  or  specialty  with  a  penalty,  the  amount  equitably  due  only 
shall  be  set  ofl'. 

Sec.  7.  The  defendant  may  plead  such  set-oft'  or  give  notice 
thereof  with  a  plea  of  the  general  issue,  describing  such  debt  or 
demand  with  the  same  certainty  as  is  required  in  a  declaration. 

Sec.  8.  The  plaintiff"  shall  be  entitled  to  one  continuance  in 
case  of  a  set-off",  unless  a  particular  statement  of  such  debt  or  de- 
mand, with  a  notice  that  the  defendant  will  set  off"  the  same,  has 
been  served  on  the  plaintiff"  ten  days  before  the  sitting  of  the  court. 

Sec.  9.  Judgment  shall  be  rendered  for  the  balance  Avhich  may 
appear  to  be  justly  due  to  either  of  the  parties,  unless  in  cases 
before  justices  the  balance  due  to  the  defendant  shall  exceed  thir- 
teen dollars  thirty-three  cents  ;  in  which  cases  judgment  shall  be 
rendered  for  costs  only. 

Sec.  10.  No  debt  or  demand  shall  be  set  oft"  as  aforesaid,  unless 
a  right  of  action  existed  thereon  at  the  commencement  of  the 
plaintiffs  action. 


CHAPTER  188. 


OF  VIEWS  AND  EVIDENCE. 


Section 

1.  View,  when  and  on  what  terms. 

2.  Summons,  form  of. 

3.  Clerks  may  issue,  for  witnesses. 

4.  Justices  may  issue,  for  witnesses. 

5.  Summons  to  depose,  justice    may  is- 

sue. 

6.  "  how  served  on  witnesses. 

7.  Liability  for  neglect  to  attend. 

8.  Courts  may  compel  attendance. 

9.  No  person    disqualified  as   a  witness 

by  his  religious  belief. 

10.  Ceremony  in  swearing. 

11.  Affirmation,  when  allowed. 

12.  Members  of  public  corporations,  &c., 

competent. 

13.  Depositions,  when  may  be  taken. 

14.  Who  may  take  depositions. 

15.  Notice  given  to  residents,  how. 


Section 

16.  Notice  given  to  attorneys,  when. 

17.  Attorney,  who  is,  for  this  purpose. 

18.  Who  disqualified  to  take  depositions. 

19.  Deposition,  how  signed  and  sworn. 

20.  Certificate  of  taking,  requisites. 

21.  Proof  of  notice    annexed    to   certifi- 

cate. 

22.  Neglect  to  take,  after  notice,  penalt}'. 

23.  Depositions  to  be  sealed  and  directed. 

24.  "  "     in  perpetual  remem- 
brance. 

25.  Statement  of  claim  to  be  made. 

26.  Notice,  how  to  be  given. 

27.  Deposition,  how  to  be  taken. 

28.  "  may  be  recorded,  how. 

29.  "  or  copy,  when  used. 

30.  Witness  to  attend  out  of  State,  when. 

31.  Neglect  to  attend,  as  such,  penalty. 


Section  1.  In  all  actions  involving  questions  of  right  to  real 
estate,  the  court  of  common  pleas,  on  motion  of  either  party,  may 
in  their  discretion  direct  a  view  of  the  premises  by  the  jury  under 
such  rules  as  they  may  prescribe,  and  subject  to  such  adjudication 


CHAP.   188.]  EVIDENCE.  379 

as  to  the  whole  or  part  of  the  costs  thereof  as  they  shall  think 
equitable. 

Sec.  2.  Writs  of  summons  to  witnesses  shall  be  signed  by  the 
clerk  or  justice  by  whom  they  are  issued,  directed  to  the  person  to 
be  summoned,  and  shall  be  substantially  in  the  form  following — 

THE     STATE     OF    NEW    HAMPSHIRE. 


To 

You  are  required  to  appear  at  in  the  county  of 

on  the  day  of  to  testify  what  you  know 

relating  to  a  plea  of  to  be  heard  and  tried  betwixt 

plaintiff,  and  defendant. 

Hereof  fail  not,  as  you  will  answer  your  default  under  the  pen- 
alties prescribed  by  law. 

Dated  at  the  day  of  A.  D.  18     . 

Sec.  3.  Clerks  of  the  courts  may  issue  writs  of  summons  for 
witnesses  in  all  cases  pending  in  such  courts. 

Sec.  4.  Every  justice  may  issue  writs  of  summons  for  witnesses 
m  cases  pending  in  any  court,  in  all  matters  before  the  general 
court,  in  cases  pending  before  himself  or  any  other  justice,  and  in 
all  matters  triable  before  auditors,  referees,  arbitrators  or  commis- 
sioners. 

Sec.  5.  Every  justice  or  notary  may  issue  writs  of  summons  to 
witnesses  to  appear  before  himself,  or  any  other  justice  or  notary, 
to  give  a  deposition  in  any  matter  or  cause  where  the  same  may 
be  lawfully  taken. 

Sec.  6.  Any  person  may  be  summoned  to  attend  as  a  witness  to 
testify  or  give  a  deposition,  by  reading  to  him  the  writ  of  sum- 
mons and  paying  or  tendering  to  him  the  fees  by  law  established 
for  his  travel  to  and  from  the  place  where  his  attendance  is  re- 
quired, and  for  one  day's  attendance. 

Sec.  7.  If  any  person  so  summoned  shall  neglect  to  attend,  or 
to  give  his  attendance  so  long  as  may  be  necessary  for  the  purpose 
for  which  he  was  summoned,  or  refuse  to  testify  or  to  give  his 
deposition,  if  required,  having  no  reasonable  excuse  therefor,  he 
shall  be  liable  to  the  party  aggrieved  for  all  damages  sustained  by 
such  default  or  refusal. 

Sec.  8.  Every  court  and  justice  before  whom  any  witness  has 
been  summoned  to  appear  and  testify  or  give  a  deposition,  may 
bring  any  such  witness  neglecting  or  refusing  to  appear  and  testify, 
by  attachment,  before  them,  and  if  on  examination  he  has  no  rea- 
sonable excuse,  may  punish  him  by  a  fine  not  exceeding  fifty  dol- 
lars, if  imposed  by  a  court,  or  ten  dollars,  if  imposed  by  a  justice, 
and  may  order  him  to  pay  costs. 


380  DEPOSITIONS.  [title  XXII. 

Sec.  9.  No  person  who  believes  in  the  existence  of  a  Supreme 
Being,  shall  be  adjudged  an  incompetent  witness  in  any  judicial 
proceeding  on  account  of  his  opinions  on  matters  of  religion. 

Sec.  10.  No  other  ceremony  shall  be  deemed  necessary  in  swear- 
ing than  holding  up  the  right  hand. 

Sec.  11.  Persons  scrupulous  of  swearing  may  affirm,  the  magis- 
trate administering  the  oath  using  the  word  "  afiiim"  instead  of 
the  word  "swear,"  and  the  words  "this  you  do  under  the  pains 
and  penalties  of  perjury,"  instead  of  the  words  "so  help  you  God." 

Sec.  12.  Inhabitants  of  towns,  and  members  of  public  corpora- 
tions, and  members  of  mutual  insurance  corporations,  shall  be  com- 
petent witnesses  in  cases  affecting  the  interests  of  such  corporations. 

Sec.  13.  The  deposition  of  any  witness  in  a  civil  cause,  who  is 
old  and  infirm,  or  sick  and  unable  to  appear  at  court,  or  who  lives 
out  of  the  State  or  more  than  ten  miles  from  the  place  of  trial,  or 
who  is  about  to  leave  the  State  and  not  return  before  the  time  of 
trial,  may  be  taken  and  used  on  tlie  trial. 

Sec.  14.  Any  justice  or  notary  public  in  this  State,  any  com- 
missioner appointed  under  the  laws  of  this  State  to  take  depositions 
in  other  states,  any  judge,  or  justice  of  the  peace  or  notary  public 
in  any  other  state  or  country  may  take  such  depositions. 

Sec.  15.  The  party  proposing  to  take  such  deposition,  shall 
cause  a  notice  in  writing  signed  by  a  justice  or  notary,  stating  the 
day,  hour  and  place  of  taking  the  same,  to  be  delivered  to  the 
adverse  party  or  one  of  them,  or  left  at  his  usual  place  of  abode,  if 
either  of  such  parties  reside  in  this  State,  or  within  twenty  miles 
of  the  place  of  taking  or  of  the  party  taking  the  same,  a  reasonable 
time  before  the  taking  thereof. 

Sec.  16.  If  such  adverse  party  resides  out  of  the  State,  or  more 
than  twenty  miles  from  the  place  of  caption  or  from  the  party 
proposing  to  take  such  depositions,  a  like  notice  given  to  the  agent 
or  attorney  of  such  adverse  party,  or  left  at  his  usual  place  of  abode, 
shall  be  sufficient. 

Sec.  17.  No  person  shall  be  deemed  such  agent  or  attorney  for 
this  purpose,  unless  he  has  endorsed  the  writ  or  the  summons  to  be 
left  with  the  defendant  in  tlie  cause,  or  appeared  for  liis  principal 
before  the  court,  justice,  referees  or  arbitrators,  where  the  action  is 
pending,  or  shall  have  given  notice  in  writing  that  he  is  such 
attorney  or  agent. 

Sec.  18.  No  person  shall  write  the  testimony  of  any  \vitness  or 
act  as  a  magistrate  in  taking  the  same,  who  would  be  disqualified 
to  act  as  a  juror  on  the  trial  of  the  cause  for  any  reason  except 
exemption  from  service  as  a  jm-or. 

Sec.  19.  Every  witness  shall  subscribe  his  deposition  and  shall 
make  oath  that  such  deposition  contains  the  truth,  the  whole  truth, 
and  nothing  but  the  truth  relative  to  the  cause  for  which  it  was 
taken. 

Sec.  20.  The  magistrate  taking  any  deposition  shall  certify  such 


CHAP.   188.]  DEPOSITION    IN    PERFETUAM.  381 

oath  with  the  time,  place  and  cause  of  taking  the  same,  and  the 
case  and  court  in  which  it  is  to  be  used,  and  that  the  adverse  party- 
was  or  was  not  present,  was  or  was  not  notified,  and  that  he  did 
or  did  not  object. 

Sec.  21.  A  copy  of  the  notice  left  with  the  adverse  party,  his 
agent  or  attorney,  with  the  return  of  the  officer  or  affidavit  of  the 
person  leaving  such  notice  thereon,  stating  the  time  of  leaving  the 
same,  shall  be  annexed  to  the  certificate  of  the  taking  thereof, 
when  the  adverse  party  did  not  attend. 

Sec.  22.  If  any  party,  after  giving  notice  to  the  adverse  party 
as  aforesaid,  shall  neglect  or  refuse  to  take  a  deposition,  such  ad- 
verse party  shall  be  entitled  to  recover  twenty-five  cents  a  mile  for 
actual  travel  of  himself  or  his  attorney  to  attend  the  same,  by  ac- 
tion on  the  case,  unless  seasonably  notified  in  writing  signed  by 
the  party  giving  such  notice,  that  such  deposition  will  not  be  taken. 

Sec  23.  Depositions  shall  be  sealed  up  by  the  magistrate  taking 
the  same,  directed  to  the  court  or  justice  before  whom  they  are  to 
be  used,  with  a  brief  description  of  the  case,  and  shall  be  so  deliv- 
ered into  court. 

Sec.  24.  Depositions  may  be  taken,  in  perpetual  remembrance 
of  any  fact  or  transaction,  before  any  court  of  record  or  before  two 
justices,  one  of  whom  shall  be  of  the  quorum. 

Sec  25.  Any  person  wishing  to  take  such  depositions,  shall 
make  a  statement  in  writing,  under  oath,  briefly  setting  forth  in 
substance  his  title,  interest  or  claim  in  or  to  the  subject,  or  setting 
forth  the  facts  to  which  the  desired  testimony  relates,  and  the 
names  of  all  persons  supposed  to  be  interested  therein,  and  also  the 
names  of  the  witnesses  proposed  to  be  examined,  which  statement 
shall  be  delivered  to  the  court  or  justices  before  whom  the  deposi- 
tions are  to  be  taken. 

Sec  26.  Notice  shall  be  given  in  the  manner  provided  by  law 
in  cases  of  depositions  taken  to  be  used  in  actions  then  pending,  to 
all  persons  known  to  be  interested  in  the  property  or  transaction  to 
which  the  testimony  relates. 

Sec  27.  Every  such  deposition  shall  be  written,  signed  and 
sworn  to  as  is  provided  in  this  chapter  in  case  of  depositions  in 
actions  pending,  with  the  necessary  variation  in  the  form  of  the 
oath ;  and  the  said  court  or  justices  shall  annex  to  each  deposition 
a  certificate  of  the  time  and  place  of  taking,  the  name  of  the  per- 
son at  whose  request  it  was  taken,  and  of  all  those  who  were  noti- 
fied to  attend  and  did  attend,  and  shall  also  annex  thereto  a  copy 
of  the  notice  as  is  prescribed  in  the  twenty-first  section  of  this 
chapter. 

Sec  28.  The  said  statement,  deposition,  certificate  and  copy  of 
notice  shall,  within  ninety  days  after  taking  the  same,  be  recorded 
in  the  registry  of  deeds  in  the  county  where  the  land  or  any  part 
of  it  lies,  if  the  deposition  relate  to  real  estate,  and  if  not,  in  the 
county  in  which  it  was  taken. 


382 


AUDITORS. 


[riTLK    XXII. 


Sec.  29.  All  depositions  taken  in  perpetual  remembrance  as 
aforesaid,  or  a  copy  of  such  record,  the  original  being  lost,  may  be 
used  in  the  trial  of  any  cause  between  the  person  at  whose  request 
it  was  taken,  and  any  of  the  persons  named  in  the  statement  and 
duly  notified,  or  those  claiming  under  them,  concerning  the  title, 
claim,  interest  or  facts  set  forth  in  the  statement. 

Sec.  30.  If  the  clerk  of  any  court  in  any  other  of  the  United 
States  shall  certify  that  there  is  a  criminal  cause  pending  in  such 
court,  and  that  a  person  residing  in  this  State  is  supposed  to  be  a 
material  witness  therein,  any  justice  shall  upon  such  certificate  or 
paper  annexed  thereto,  issue  a  summons  requiring  such  witness  to 
appear  and  testify  at  such  court. 

Sec.  31.  If  any  person  on  whom  such  summons  shall  be  served, 
having  tendered  to  him  twelve  cents  for  each  mile  to  be  travelled 
to  and  from  such  court,  and  two  dollars  for  each  day  his  attendance 
may  be  required,  shall  unreasonably  neglect  or  refuse  to  attend  and 
testify  at  said  court,  he  shall  forfeit  the  sum  of  three  hundred  dol- 
lars to  any  person  who  will  sue  for  the  same. 


CHAPl^'Eir   189. 


OF  AUDITORS. 


Section 

1.  Auditors,  when  appointed. 

2.  In  actions  between  copartners  and  co- 

tenants. 

3.  Auditors — to  be  sworn — give  notice — 

may  adjourn — report,  how  made. 

4.  Auditors  discharged  or  report  recom- 

mitted, when. 


Section 

5.  Case  may  be  tried  by  jury,  when. 

6.  If  party  refuse  to  produce  books,  »fcc., 

report  may  be,  what. 

7.  Judgment    in  such  case,  how  render- 

ed. 

8.  Auditor's  compensation,  how  paid. 


Section  1.  Whenever  it  shall  appear  to  the  superior  court  or 
court  of  common  pleas,  that  an  investigation  of  accounts  or  an 
examination  of  vouchers  is  necessary  in  any  action  pending  in 
such  court,  they  may  appoint  one  or  more  auditors  to  state  the 
account  between  the  parties  and  make  report  to  the  court. 

Sec.  2.  Auditors  maybe  appointed  in  actions  brought  by  copart- 
ners or  cotenants  against  their  copartners  or  cotenants. 

Sec.  3.  Auditors  shall  be  sworn  and  shall  give  notice  to  the 
parties  of  the  time  and  place  of  hearing,  may  adjourn  when  neces- 
sary, and  shall  all  hear  the  parties,  but  a  majority  may  report. 

Sec.  4.  Auditors  may  be  discharged  by  the  court  and  others 
appointed,  or  their  report  may  be  recommitted  for  revision. 

Sec.  5.  If  either  party  is  dissatisfied  with  the  report,  the  case 
may  be  tried  by  jury,  and  such  report  shall  be  given  in  evidence 


CHAP.    19?.]  JUDGMENTS  —  HATE    OF    INTEREST. 


383 


to  the  jury,  subject  to  be  impeached  by  evidence  oftered  by  either 
party. 

Sec.  6.  If  either  party  shall  neglect  or  refuse  to  appear  before 
the  auditor,  or  to  render  an  account,  or  to  produce  such  books  and 
papers  and  to  answer  on  oath  such  interrogatories  relating  to  the 
matter  in  controversy  as  may  be  pertinent  and  material,  the  auditor 
shall  certify  the  same  to  the  court. 

Sec.  7.  The  court  shall  thereupon  render  judgment  against  such 
party,  as  upon  nonsuit  or  default,  and,  if  necessary,  cause  the 
damages  to  be  assessed  by  the  jury. 

Sec.  S.  The  court  shall  allow  a  reasonable  compensation  to  the 
auditors,  which  shall  be  paid  by  the  plaintiff  and  taxed  in  his  bill 
of  costs,  if  he  recover. 


CHAPTER   ISO. 


OF  JUDGMENTS. 


10. 

(1 

scire  facias  on,  in  such 
case. 

11. 

(( 

on  mortgaores  condition- 
al. 

Section  Section 

1.  Judgments  to  be  rendered  in  dollars      8.  Judgment,  on   bond    to    be    for   the 

and  cents.  amount  equitably  due. 

2.  Interest,  at  what  rate — usury.  9.  "  security  for  future  breacli- 

3.  Evidence,  and  triple  deduction   made. 

4.  What  is  not  usury. 

5.  Statement  of  betterments  made. 

6.  Verdict  as  to  amount  how  rendered. 

7.  Judgment,  how  entered. 

Section  1.  All  judgments  shall  be  rendered  in  dollars  and 
cents. 

Sec  2.  Interest  in  the  rendition  of  judgments  and  in  all  business 
transactions  where  interest  is  secured  or  paid,  shall  be  computed  at 
the  rate  of  six  dollars  on  a  hundred  dollars  for  one  year,  unless  a 
lower  rate  is  expressly  stipulated ;  and  every  person  who  upon  any 
contract  shall,  directly  or  indirectly,  receive  interest  at  a  higher 
rate,  shall  forfeit  for  every  such  offence  three  times  the  sum  so 
received. 

Sec  3.  When  any  person,  for  the  recovery  of  any  debt  or 
damages,  shall  be  sued  upon  any  instrument  hereafter  made,  and 
interest  at  a  higher  rate  than  six  dollars  for  a  hundred  dollars  for 
one  year  has  been  paid  or  secured  upon  the  money  sued  for,  or  is 
secured  by  such  instrument,  if  the  debtor,  (the  creditor  being 
alive,)  will  come  into  court  where  the  action  is  pending,  and  offer 
to  make  oath,  and,  if  required  by  the  court,  actually  swear  that  there 
has  been  taken  or  secured  upon  the  money  sued  for,  or  that  there 


384  JUDGMENTS.  [XITLK    XXII. 

Ims  been  or  is  secured  in  and  by  the  instrument  sued,  interest 
above  the  rate  aforesaid,  then  the  court  in  rendering  judgment  shall 
deduct  from  the  sum  lawfully  due,  three  times  the  amount  so 
taken  or  secured,  unless  the  creditor  will  swear  that  he  has  not, 
directly  or  indirectly,  willingly  taken  or  secured  on  the  money  sued 
for,  or  secured  in  and  by  the  instrument  sued,  any  interest  above 
the  rate  aforesaid. 

Sec.  4.  Nothing  in  this  chapter  shall  extend  to  the  letting  of 
cattle  or  other  usages  of  like  nature  in  practice  among  farmers,  or 
to  maritime  contracts,  as  bottomry,  insurance  or  course  of  exchange, 
as  heretofore  used. 

Sec.  5.  Any  person  against  whom  any  action  may  be  brought 
for  the  recovery  of  real  estate,  may  with  his  plea  file  a  brief  state- 
ment, setting  forth  that  he  and  the  persons  under  whom  he  claims, 
have  been  in  the  actual  peaceable  possession  thereof,  under  a  sup- 
posed legal  title,  for  more  than  six  years  before  the  action  was 
commenced,  and  that  the  value  thereof  has  been  increased  by  them 
by  buildings  or  other  improvements. 

Sec.  6.  The  jury,  if  they  find  a  verdict  for  the  plaintiff,  shall 
determine  if  the  said  lands  have  been  so  possessed  and  improved, 
and  the  amount  of  the  increased  value  thereof,  after  allowing  for 
any  waste  or  injury  the  same  may  have  sustained. 

Sec.  7.  The  judgment  rendered  for  the  plaintiff  upon  such 
verdict,  shall  be  conditioned  that  if  the  plaintiff  shall,  within  one 
year,  pay  to  the  clerk  of  the  court  for  the  use  of  the  defendant  the 
amount  of  the  increased  value  so  found,  a  writ  of  possession  shall 
issue  for  the  plaintiff,  otherwise  all  his  right  to  such  lands  shall  be 
forever  barred. 

Sec  8.  In  all  actions  for  the  recovery  of  any  penalty  or  forfeit- 
ure in  any  obligation  or  contract  under  seal,  the  superior  court  or 
court  of  common  pleas  shall  render  judgment  for  the  amount 
which  shall  appear  to  be  equitably  due. 

Sec  9.  If  such  penalty  or  forfeiture  shall  be  designed  to  secure 
the  performance  of  several  things  to  be  done  at  different  times, 
judgment  shall  be  rendered  for  the  whole  of  such  penalty  or  for- 
feiture, and  the  court  shall  award  execution  only  for  so  much  as  is 
justly  due  at  that  time. 

Sec  10.  The  plaintiff  or  his  administrator  may,  from  time  to 
time,  have  a  scire  facias  upon  such  judgment,  and  execution  shall 
be  awarded  him  for  any  further  sums  which  may  have  become 
equitably  due  to  him. 

Sec  11.  In  actions  on  mortgages  the  judgment  shall  be  condi- 
tional, that  if  the  mortgager  or  person  having  his  right,  shall  pay  to 
the  mortgagee  or  person  having  his  right,  the  sum  the  court  shall 
adjudge  due,  within  two  months  after  judgment  rendered  with 
interest,  such  judgment  shall  be  void,  otherwise  a  writ  of  posses- 
sion shall  issue. 


CHAP.   191. 


f  O^iTJ 


385 


CHAPTER  191. 


OF  COSTS. 


Section 

1.  Costs  to  follow  event,  unless. 

2.  No  cost  in  action  on  judgment,  when. 

3.  Costs    where    several    suits    brought, 

how  allowed. 

4.  Costs   not   to   e.xceed  damages  in  ac- 

tions for  personal  injuries. 


Section 

5.  Nor  in  trespass  to  real  estate. 

6.  Costs  limited  where  less  than  $13-33 

recovered,  in  what  cases. 

7.  Court    to    limit   and    allow    costs    on 

motion. 


SectioxV  1.  Costs  shall  follow  the  event  of  every  action  or  peti- 
tion, unless  otherwise  directed  by  law  or  by  the  court. 

Sec.  2.  No  costs  shall  be  allowed  the  plaintiff  in  any  action 
upon  a  judgment  upon  which  execution  might  lawfully  issue,  if 
the  court  shall  be  of  opinion  that  the  plaintiff  could  have  availed 
himself  of  such  execution  as  advantageously,  for  the  collection 
of  his  demand,  as  he  could  of  such  action. 

Sec  3.  When  a  plaintiff  shall,  at  the  same  term,  bring  diverse 
actions  against  the  same  party  which  might  have  been  joined,  or 
shall  bring  more  than  one  action  upon  a  joint  and  several  contract, 
the  court  may  allow  such  and  so  many  bills  of  cost  as  they  may 
deem  equitable. 

Sec.  4.  No  more  costs  than  damages  shall  be  recovered  in  any 
action  commenced  in  the  court  of  common  pleas  for  slander, 
assault  and  battery,  imprisonment  or  malicious  prosecution,  unless 
the  damages  recovered  shall  exceed  thirteen  dollars  and  thirty-three 
cents. 

Sec.  5.  In  actions  of  trespass  for  injuries  to  real  estate  com- 
menced in  the  court  of  common  pleas,  when  the  title  of  real  estate 
is  not  in  question,  the  court  shall  allow  so  much  cost  as  they  may 
think  proper,  not  exceeding  the  damages  recovered,  in  case  such 
damages  do  not  exceed  thirteen  dollars  thirty-three  cents. 

Sec.  6.  In  all  actions  commenced  in  the  court  of  common  pleas, 
if  it  appears  that  the  plaintiff  had  no  reasonable  expectation  of 
recovering  more  than  thirteen  dollars  thirty-three  cents,  the  court 
may  limit  the  costs  to  such  sum  as  they  think  reasonable. 

Sec.  7.  In  all  actions  or  petitions  pending  in  the  superior  court 
or  court  of  common  pleas  in  the  county  where  the  judgment  was 
rendered,  the  said  courts  may,  on  motion  and  on  good  cause  shown, 
limit  and  allow  such  costs  and  order  such  security  for  costs  as  they 
may  deem  just  and  reasonable. 
49 


386 


REVIEWS    AND    NEW    TRIALS.  [TITLE    XXII. 


CHAPTER  193. 


OF  REVIEWS  AND  NEW  TRIALS. 


Section 

1.  Civil  actions  may  be  reviewed,  if  issue 

of  fact  joined. 

2.  Court    may    grant    review    in    other 

cases. 

3.  Petition  to  be  presented,  where. 

4.  Terms  may  be  imposed,  how. 

5.  Limitation  of  review — exceptions. 

6.  Petition    must   be   filed    within    three 

years. 


Section 

7.  Reviews  where  triable,  amendments. 

8.  Plaintiff  in  review  to  produce  copies. 

9.  New  evidence  may  be  offered. 

10.  Judgment,  how  rendered. 

11.  "  for  costs,  how  rendered. 

12.  Costs  limited  in  reviews,  when. 

13.  Execution  not  stayed  unless  by  order 

of  court. 


Section  1.  All  civil  actions  in  which  judgment  has  been  ren- 
dered in  the  court  of  common  pleas  or  superior  court,  in  which 
any  issue  of  fact  has  been  joined,  except  those  in  which  by  law  a 
different  provision  is  made,  may  be  once  reviewed. 

Sec.  2.  The  superior  court  may  grant  a  review  in  any  other 
case,  where  it  shall  appear  that  justice  has  not  been  done  through 
any  accident,  mistake  or  misfortune,  and  that  a  further  hearing 
would  be  just  and  equitable. 

Sec.  3.  In  such  case,  a  petition  shall  be  presented  to  said  court 
in  the  county  where  the  original  action  was  brought,  by  any  per- 
son interested,  setting  forth  the  reasons  for  such  review ;  and  such 
notice  shall  be  given  to  the  adverse  party  or  to  his  attorney  as  the 
court  may  order. 

Sec.  4.  The  court  may  grant  such  review  upon  such  terms  and 
conditions,  and  may  allow  such  costs  to  either  party,  upon  the 
petition  of  review,  as  they  may  think  just  and  reasonable. 

Sec.  5.  No  action  of  review  shall  be  brought  of  right  after  one 
year  from  the  time  of  the  judgment  rendered,  saving  to  any  infant 
or  insane  person  the  right  of  such  review  for  one  year  after  such 
disability  is  removed. 

Sec.  6.  No  review  shall  be  granted  upon  petition,  unless  such 
petition  is  filed  within  three  years  after  the  rendition  of  the  judg- 
ment complained  of,  or  the  discontinuance  or  failure  of  the  original 
suit ;  and  such  review  shall  be  commenced  within  ninety  days  after 
the  grant  thereof. 

Sec.  7.  All  writs  of  review  shall  be  returnable  in  the  court  of 
common  pleas  in  the  county  where  the  judgment  was  rendered, 
and  shall  be  tried  upon  the  pleadings  filed  in  the  original  action, 
if  any,  unless  the  court,  upon  such  terms  as  they  shall  think  rea- 
sonable, shall  permit  amendments  to  be  made. 

Sec.  8.  The  party  brhiging  any  action  of  review,  shall  produce 
in  court  attested  copies  of  the  writ,  pleadings,  judgment  and  all 


CHAP.  192.]  EXECUTIONS.  387 

papers  used  and  filed  at  the  former  trial,  otherwise  a  nonsuit  shall 
be  entered. 

Sec.  9.  Every  case  shall  be  tried  upon  review  in  the  same  man- 
ner as  if  no  judgment  had  been  rendered  therein,  and  any  new  or 
further  evidence  may  be  produced  therein. 

Sec.  10.  If  the  amount  of  property,  debt  or  damages  recovered 
by  the  original  plaintiff,  is  increased  on  review,  he  shall  recover 
judgment  for  the  excess  and  costs  :  if  such  amount  is  reduced,  the 
original  defendant  shall  recover  judgment  for  the  amount  of  such 
reduction  and  costs. 

Sec.  11.  If  the  original  plaintiff  shall  review  and  shall  not 
recover  a  greater  amount  of  property,  debt  or  damages,  the  defend- 
ant shall  recover  costs  :  if  such  review  is  brought  by  the  defendant, 
and  the  amount  of  property,  debt  or  damages  is  not  reduced,  the 
original  plaintiff  shall  recover  costs. 

Sec.  12.  No  costs  shall  be  recovered  in  an  action  of  review,  ex- 
cept those  accruing  upon  such  review,  and  the  party  bringing  such 
review  shall  recover  no  more  costs  than  the  amount  of  the  pro- 
perty, debt  or  damages  he  may  recover  therein,  unless  the  original 
judgment  shall  be  wholly  reversed. 

Sec.  13.  Execution  in  the  original  action  shall  not  be  stayed  by 
reason  of  any  writ  of  review,  but  the  court,  on  motion,  may  order 
a  stay  of  execution,  where  it  may  appear  just  and  reasonable,  upon 
terms. 


TITL.E    XXIII. 

OF  EXECUTIONS,  LEVIES,  BAIL  AND  RELIEF  OF  POOR 

DEBTORS. 


Chapter  193.  Of  executions. 
Chapter  194.  Of  levies  on  personal  estate. 
Chapter  195.   Of  levies  on  real  estate. 
Chapter  196.  Of  levies  on  equities  of  redemption. 
Chapter  197.  Of  levies  and  injunctions. 
Chapter  198.  Of  executions  against  towns. 
Chapter  199.  Of  imprisonment  and  prison  bonds. 
Chapter  200.  Of  relief  of  poor  debtors. 
Chapter  201.  Of  the  liability  of  bail. 


388 


EXECUTIONS. 


[title  XXIII. 


CHAPTER  193. 


OF  EXECUTIONS. 


Sectiok 

1.  Executions,  when  to  issue. 

2.  '•  from  superior  court,  how 

returnable. 

3.  "  from   court    of   common 

pleas,  how  returnable. 

4.  "  from    justices,    how    re- 

turnable. 

5.  "  may  issue  within  2  years. 

6.  Interest  payable  on  executions. 


Section 

7.  Executions  issued  on  scire  facias. 

8.  One  only  on  same  contract  at  a  time. 

9.  If  execution    not   against  body,  part 

to  be  omitted. 

10.  Execution,  form  of  writ  of. 

11.  Possession,  form  of  writ  of. 

12.  Execution  against  property  of  per- 

son imprisoned,  when. 


Section  1.  No  execution  shall  issue  until  tlie  expiration  of 
twenty -four  hours  after  judgment  rendered. 

Sec.  2.  Executions  issued  b^r  the  superior  court,  may  be  made 
returnable  at  the  next  regular  term  of  the  court,  if  within  six 
months,  otherwise  v/ithin  six  months  from  the  date  thereof 

Sec.  3.  Executions  issued  by  the  court  of  common  pleas,  may 
be  made  returnable  at  the  next  term  of  said  court. 

Sec.  4.  Executions  issued  by  justices,  may  be  made  returnable 
within  sixty  days  from  the  date  thereof. 

Sec.  5.  Executions  may  be  issued  at  any  time  within  two  years 
after  the  judgment  rendered,  or  after  the  return  day  of  any  former 
execution. 

Sec.  6.  Interest  shall  be  payable  on  all  executions  in  civil  actions, 
from  the  time  the  judgment  was  rendered. 

Sec.  7.  The  court  may  award  execution  on  any  judgment  after 
the  expiration  of  said  two  years,  upon  scire  facias,  for  the  amount 
then  due,  with  interest. 

Sec.  8.  Where  several  judgments  are  rendered  upon  the  same 
contract,  at  the  same  term,  only  one  execution  shall  be  issued  on 
said  judgments  at  one  time,  except  by  order  of  the  court. 

Sec.  9.  Where  any  execution  shall  not  run  against  the  body  of 
the  defendant,  the  form  may  be  varied  by  omitting  such  parts  as 
relate  to  the  arrest  of  the  person. 

Sec.  10.  Writs  of  execution  shall  be  substantially  in  the  folio w- 
ins:  form : — 


THE    STATE    OF    NEW    HAMPSHIRE. 
R.  SS. 

W^M  ^^      ^^  ^^^  sheriff  of  any  county  or  his  deputy. 

Whereas  A.  P.   of  by  the  consideration  of  our  justices 

of  our  court  of  holden  at  in  said  county  of 

on  the  Tuesday  of  recovered  judgment  against  A.  D. 


LliVr.    193.]  EXECUTlOxNS.  389 

of  for  the  sum  of  dollars  and  costs  taxed  at  , 

as  appears  of  record,  whereof  execution  remains  to  be  done  :  We 
command  you,  therefore,  that  of  the  goods,  chattels  or  lands  of  the 
said  debtor  in  your  precinct,  you  cause  to  be  levied  and  paid  to  the 
said  creditor  the  aforesaid  sums,  with  lawful  interest  tliereon,  and 
more  for  this  writ  and  your  own  fees,  and  in  default  there- 
of to  arrest  the  said  debtor  and  commit  him  to  jail  ;  and  the 
keeper  of  such  jail  is  required  to  detain  him  in  custody  until  he 
pay  the  same  with  your  fees,  or  until  he  is  discharged  by  the 
creditor  or  otherwise  accordhig  to  law.  And  make  return  of  this 
writ  with  your  doings  thereon  to  said  court,  to  be  holden  at 
in  said  county,  upon  the  Tuesday  of 

Witness  J.  P.  Esquire,  the  day  of  A.  D. 

R.  G.  Clerk. 

Sec.  11.  Writs  of  possession  shall  be  substantially  in  the  fol- 
lowing form: — 

THE    STATE    OF    NEW    HAMPSHIRE. 

ss. 

To  the  sheriff  of  any  county  of  this  State,   or  his 
deputy. 

Whereas  A.  P.  of  by  the  consideration  of  our  justices 

of  our  court  of  holden  at  in  said  county  of 

on   the  Tuesday   of  recovered   judgment 

against  A.  D.  of  for  a  certain  with  the  appurtenances, 

situate  in  the  town  of  and  costs  taxed  at  as  appears 

of  record :  We  command  you,  therefore,  that  without  delay  you 
cause  said  A.  P.  to  have  possession  of  the  said  premises :  We  also 
command  you  that  of  the  goods,  chattels  or  lands  of  the  said 
debtor  in  your  precinct,  you  cause  to  be  levied  and  paid  to  said 
creditor  the  aforesaid  sum,  with  lawful  interest  thereon,  and 
more  for  this  writ  and  your  own  fees,  and  in  default  thereof  to 
arrest  the  said  debtor,  and  commit  him  to  jail ;  and  the  keeper  of 
the  jail  is  required  to  detain  him  in  custody  until  he  pay  the  same, 
with  your  fees,  or  until  he  is  discharged  by  the  creditor  or  other- 
wise according  to  law.  And  make  return  of  this  writ  and  your 
doings  therein  unto  said  court  to  be  holden  at  in  said  coun- 

ty, upon  the  day  of 

Witness  J.  P.  Esquire,  the  day  of  A.  D. 

R.  G.  Clerk. 

Sec  12.  Whenever  a  debtor  shall  be  committed  to  prison  on 
execution,  the  creditor,  on  the  return  of  the  same,  may  have  a 
further  execution  against  the  property  of  the  debtor,  notwithstand- 
ing the  debtor  shall  not  be  discharged  ;  and  upon  the  satisfaction 
of  such  execution,  the  debtor  shall  be  discharged. 


390 


LEVIES    ON    PERSONAL    ESTATE.        [TITLE  XXIII. 


CHAPTER  194. 


OF  THE  LEVY  OF  EXECUTIONS  ON  PERSONAL  ESTATE. 


Section 

13.  Francliises,  how  advertised  and  sold. 

14.  Who  is  the  purchaser,  his  rights. 

15.  Riglits  of  corporation,  how  affected. 

16.  Shares  in  corporation,  how  taken  on 

execution. 

17.  "         "  "  how  advertised 
and  sold. 

18.  Notice,  how  given  if  debtor    out   of 

county. 

19.  Copy  of  return  filed  with  clerk. 

20.  Officer  of  corporation  to  give  account 

of  shares — penalty  for  refusal,  &c. 

21.  "         "  "  to  exhibit  records — 
penalty  for  refusal,  &c. 


Section 

1.  Execution  may  be  set  off,  when. 

2.  Money    and   bank    notes  may  be  le- 

vied on. 

3.  Chattels,  how  advertised  and  sold. 

4.  Personal   property   mortgaged,  &c., 

may  be  levied  on,  how. 

5.  Proceeds  of  sale,  how  applied. 

6.  Right  of  redemption  may  be  sold. 

7.  Owner  niay  redeem  before  sale. 

8.  Proceeds,  how  applied  on  several  ex- 

ecutions. 

9.  Officer's  return,  what  to  state. 

10.  Fraud  in  sale,  penalty  for. 

11.  Officer  may  adjourn  sale,  how. 

12.  Pews,  how  advertised  and  sold. 

Section  1.  Executions  in  which  the  creditor  in  one  is  debtor  in 
the  other,  in  the  same  right  and  capacity,  shall  be  set  off  by  the 
officer  to  whom  one  of  such  executions  has  been  delivered,  and  the 
other  shall  be  tendered  ;  and  such  officer  shall  return  both  such 
executions  satisfied,  so  far  as  such  set-off  will  extend. 

Sec.  2.  Money  may  be  taken  on  execution  and  paid  to  the  cred- 
itor. Bank  notes  and  other  evidences  of  debts  issued  by  any  mon- 
eyed corporation  and  circulated  as  money,  may  be  taken  on  ex- 
ecution and  paid  to  the  creditor  at  their  par  value,  if  he  will  accept 
of  them,  otherwise  they  may  be  sold  at  auction  like  other  chattels. 

Sec.  3.  Goods  and  chattels  taken  on  execution,  shall  be  safely 
kept  by  the  officer,  at  the  expense  of  the  debtor,  four  days  at  least ; 
shall  be  advertised  for  sale,  by  posting  up  notices  of  the  time  and 
place  of  sale,  at  two  of  the  most  public  places  in  the  town  where 
the  sale  is  to  be,  forty-eight  hours  before  the  expiration  of  said  four 
days,  and  sold  at  public  auction  to  the  highest  bidder. 

Sec.  4.  Personal  property  subject  to  any  mortgage,  pledge  or 
lien,  may  be  taken  in  execution  in  the  same  manner  it  may  be 
attached,  and  may  be  sold  in  the  same  manner  as  other  personal 
property  ;  and  the  creditor  and  officer  shall  have  the  same  right  to 
demand  an  account  of  the  amount  due  and  to  hold  the  same,  if  no 
account  or  a  false  account  is  given,  as  in  case  of  an  attachment. 

Sec.  5.  The  proceeds  of  the  sale  shall  be  applied  to  pay  the 
sum  paid  or  tendered  to  the  mortgagee,  pledgee  or  holder,  and  in- 
terest, and  the  residue  to  the  satisfaction  of  the  executions  on 
which  the  same  is  holden. 

Sec.  G.  The   debtor's  right    to  redeem   sucii   property  may  be 


CHAP.    194.]  LEVIES     ON    PERSONAL    ESTATE.  391 

taken  on  execution  and  sold  as  in  other  cases,  without  such  pay- 
ment or  tender. 

Sec.  7.  The  owner  may  redeem  any  goods  and  chattels  before 
the  sale,  by  otherwise  satisfying  the  execution  and  officer's  fees 
and  charges. 

Sec  8.  The  money  arising  from  any  sale  of  personal  property, 
shall  be  applied  by  the  officer  to  the  payment  of  the  charges  and 
the  satisfying  of  the  executions  levied  thereon,  in  the  order  in 
which  the  attachments  thereon,  if  any,  were  made,  otherwise  in 
the  order  in  which  the  executions  were  delivered  to  him  ;  and  the 
balance  shall  be  returned  to  the  debtor,  upon  request. 

Sec.  9.  The  officer  shall  make  return  of  the  execution  accord- 
ing to  his  precept,  with  his  doings  thereon,  particularly  describing 
the  goods  and  chattels  taken  and  sold,  and  the  sum  for  which  each 
article  was  sold. 

Sec.  10.  If  any  officer  shall  be  guilty  of  any  fraud  in  the  sale  or 
return,  he  shall  be  liable  to  each  party  injured  to  pay  him  five  times 
the  sum  defrauded. 

Sec  11.  The  officer  may  adjourn  any  sale  under  this  chapter 
from  time  to  time,  not  exceeding  ten  days  at  one  time,  or  sixty 
days  from  the  seizure,  giving  the  same  notice  of  the  adjournment 
as  of  a  sale. 

Sec  12.  Pews  or  seats  in  meeting  houses  may  be  taken,  adver- 
tised and  sold  on  execution  in  the  same  manner  as  other  personal 
property,  except  that  if  there  has  been  no  previous  attachment,  the 
debtor  shall  be  notified  by  the  officer  of  the  time  and  place  of  sale  of 
such  pew  or  seat,  by  giving  to  him  a  notice  in  writing  or  leaving 
such  notice  at  his  usual  place  of  abode,  if  he  resides  in  the  town, 
otherwise  with  the  town  clerk,  and  the  time  of  giving  or  leaving 
such  notice  shall  be  deemed  the  time  of  taking  such  property. 

Sec  13.  The  franchise  of  any  corporation  authorized  to  take 
tolls,  may  be  taken  and  sold  on  execution  at  public  auction,  the 
officer  giving  notice  of  the  time  and  place  of  sale,  by  posting  up  a 
notice  thereof  at  any  toll  house  at  which  such  tolls  are  or  have 
been  usually  taken,  and  causing  a  like  notice,  with  the  name  of  the 
creditor  and  the  amount  of  the  execution,  to  be  posted  up  at  two 
or  more  public  places  in  the  town  in  which  any  toll  house  of  said 
corporation  is  situate,  at  least  thirty  days  before  the  day  of  sale. 

Sec  14.  The  person  who  will  pay  such  execution  and  the  law- 
ful fees  and  expenses  thereon,  for  the  right  to  receive  all  such  tolls 
for  the  shortest  period,  shall  be  the  highest  bidder,  and  shall,  upon 
such  sale,  be  entitled  to  the  possession  of  the  toll  houses  and  gates 
of  the  corporation,  to  be  delivered  by  the  officer,  and  entitled  to 
receive  all  such  tolls  for  the  term  of  his  purchase,  with  all  the 
rights  of  the  corporation  in  relation  thereto. 

Sec.  15.  The  rights  and  obligations  of  the  corporation,  except 
as  to  such  tolls,  shall  not  be  affected  by  such  sale,  and  they  may 
redeem  such  franchise  by  paying  the  purchaser  the  amount  paid  by 


•392  LEVIES    ON    PERSONAL    ESTATE.        [TITLE  XXIII. 

him  llierefor,  with  twelve  per  cent,  interest  thereon,  at  any  time 
within  three  months  from  such  sale. 

Sec.  16.  The  shares  or  interest  of  any  person  in  any  corpora- 
tion may  be  taken  on  any  execution,  in  the  same  manner  they  may 
be  attached. 

Sec.  17.  Notice  in  writing  of  the  time  and  place  of  sale  of  sncli 
share  or  interest,  shall  be  given  by  the  ofiicer  to  the  debtor  or  left 
at  his  usual  place  of  abode,  and  posted  up  at  one  or  more  public 
places  in  the  town  where  the  sale  is  to  be,  and  in  two  adjoining 
towns,  thirty  days  before  the  sale. 

Sec  18.  If  the  debtor  does  not  reside  in  the  county,  the  posting 
up  [of]  such  notice  as  prescribed  in  the  preceding  section,  and  pub- 
lishing such  notice  in  some  newspaper,  if  any  in  the  county,  other- 
wise in  an  adjoining  county  three  weeks  previous  to  the  sale,  shall 
be  sufficient  without  further  notice  to  the  debtor. 

Sec.  19.  The  officer  shall  cause  an  attested  copy  of  the  execu- 
tion and  of  his  return  thereon  to  be  filed  with  the  clerk,  treasurer 
or  cashier  of  the  corporation,  and  pay  for  the  recording  thereof; 
and  the  purchaser  shall  thereupon  be  entitled  to  such  shares  or  in- 
terest, and  the  income  or  dividends  become  due  thereon  since  the 
attachment,  and  to  such  certificates  as  are  the  usual  evidence  of 
the  shares  or  interest  of  a  proprietor  in  such  corporation. 

Sec  20.  The  officer  of  every  corporation,  having  the  care  of 
the  records  or  accounts  of  the  shares  or  interests  of  the  corpo- 
rators therein,  shall,  on  request  and  on  the  exhibition  of  a  writ  of 
attachment  or  execution  against  any  person  interested  in  such  cor- 
poration, give  to  the  officer  having  such  writ,  a  certificate  of  the 
number  of  his  shares  or  amount  of  his  interest  therein,  with  the 
numbers  of  the  shares  or  other  description  by  which  they  are  distin- 
guished ;  and  on  neglect  or  refusal  to  give  such  certificate,  or  if  he 
shall  wilfully  give  any  false  certificate  thereof,  he  shall  be  liable  to 
pay  to  the  creditor  the  whole  amount  of  his  demand  against  such 
debtor,  to  be  recovered  by  an  action  of  debt. 

Sec  21.  If  any  officer  of  a  corporation  shall,  on  request  of  an 
officer  and  on  exhibition  of  such  writ  of  attachment  or  execu- 
tion, refuse  or  neglect  to  exhibit  to  him  such  records  and  docu- 
ments in  his  keeping  as  may  be  useful  to  direct  ard  assist  him  in 
the  discharge  of  his  duty,  he  shall  forfeit  twenty  dollars  to  the  offi- 
cer, and  shall  be  answerable  for  all  damages  sustained  by  any  per- 
son thereby. 


CHAP.    195.] 


LEVIES    ON    REAL    ESTATE. 


393 


CHAPTER    195. 


OF  LEVIES  ON  REAL  ESTATE. 


Section 

1.  Real  estate  to  be  appraised. 

2.  Appraisers,  how  appointed ;  oath. 

3.  If  debtor  neglects  or  is  absent. 

4.  Notice  to  officers  of  corporations. 

5.  Levy,    when    commenced    and    com- 

pleted. 

6.  Appraisers  to  set  off  by  bounds. 


Section 

7.  Undivided  interest,  when  set  off. 

8.  How  part  set  off  in  special  cases. 

9.  Whole  to  be  described  in  such  case. 

10.  Rent  or  income,  how  e.xtended. 

11.  Return  to  be  made  and  recorded. 

12.  Effect  if  return  is  not  recorded. 

13.  Debtor  may  redeem,  how. 

14.  Creditor  to  release  on  payment. 


Section  1.  All  real  estate  may  be  taken  on  execution,  and  shall  be 
appraised  and  set  off  to  the  creditor,  at  its  just  value,  in  satisfaction 
of  such  execution  and  the  cost  of  levying,  except  in  those  cases 
where  by  law  a  sale  of  it  is  authorized. 

Sec.  2.  The  officer  levying  such  execution,  shall  cause  three 
appraisers  to  be  appointed,  one  by  the  creditor,  one  by  the  debtor 
and  one  by  himself,  who  shall  be  discreet  and  disinterested  men, 
resident  in  the  county,  and  shall  be  sworn  by  a  justice  impartially 
to  appraise  such  real  estate  as  shall  be  shown  them  as  the  estate  of 
the  debtor. 

Sec,  3.  If  the  debtor,  on  due  notice,  neglect  to  appoint  an  ap- 
praiser, or  in  case  he  does  not  reside  in  the  county  or  within  twenty 
miles  of  the  property  to  be  appraised,  the  officer  shall  appoint  an 
appraiser  for  the  debtor. 

Sec.  4.  Notice  given  to  the  clerk,  treasurer,  agent  or  one  of  the 
directors  of  a  corporation  to  choose  an  appraiser  for  the  corporation, 
ten  days  before  the  levy,  shall  be  legal  notice  to  the  corporation. 

Sec.  5.  A  levy  commenced  by  the  appointment  and  swearing 
of  one  or  more  of  the  appraisers,  may  be  completed  before  the  re- 
turn day  of  the  execution. 

Sec.  6.  Such  appraisers  shall  set  off  to  the  creditor,  by  metes 
and  bounds  or  other  distinct  description,  the  real  estate  appraised 
by  them,  or  so  much  as  may  be  necessary  in  payment  of  the  exe- 
cution and  cost  of  levying. 

Sec.  7.  If  such  real  estate  is  holden  jointly  or  in  common  with 
others,  the  levy  shall  be  made  upon  the  undivided  interest  of  the 
debtor  or  a  part  thereof. 

Sec.  8.  If  such  real  estate  cannot,  in  the  judgment  of  the  ap- 
praisers, be  divided  and  set  out  by  metes  and  bounds  without 
greatly  impairing  the  value  of  the  whole,  the  levy  may  be  made 
upon  an  undivided  interest  therein  or  by  such  mode  of  division  as 
the  nature  of  the  property  will  admit. 

Sec.  9.  In  either  of  the  cases  aforesaid,  the  whole  of  the  pro- 
50 


394 


LEVIES    ON    EQUITIES    AND    TERMS.      [TITLE  XXIII. 


perty  of  which  part  shall  be  set  off,  shall  be  described  by  metes 
and  bounds  or  other  distinct  description. 

Sec.  10.  If  any  debtor  is  seized  of  a  rent  or  of  the  income  of 
any  real  estate,  a  levy  may  be  made  thereon,  and  the  appraisers 
may  set  off  the  same  for  such  term  as  they  judge  sufficient  to  pay 
the  judgment,  interest  and  costs ;  and  the  sheriff  shall  cause  the 
tenant  to  attorn  and  become  tenant  to  the  creditor ;  and  upon  his 
refusal,  shall  turn  him  out  of  possession  and  deliver  seizin  to  the 
creditor  to  hold  for  the  term  aforesaid. 

Sec  11.  The  officer  shall  deliver  seizin  and  possession  of  the 
property  so  set  off,  to  the  creditor  or  his  attorney,  shall  make  a  full 
return  of  his  proceedings,  and  cause  the  execution  and  return  to 
be  recorded  at  length  in  the  registry  of  deeds  of  the  county,  and 
returned  to  the  office  of  the  clerk  of  the  court  to  which  it  is  by 
law  returnable. 

Sec.  12.  All  the  debtor's  interest  in  such  real  estate  shall  pass 
by  the  levy  as  against  all  persons  whatever,  if  the  levy  is  recorded 
as  aforesaid  on  or  before  the  return  day  of  the  execution  ;  other- 
wise, only  as  against  the  debtor  and  his  heirs  until  such  record  is 
made. 

Sec.  13.  Such  extent  shall  be  void,  if,  within  one  year  from 
the  return  day  of  the  execution,  the  debtor  or  any  person  interested 
shall  pay  or  tender  to  the  creditor  the  sum  at  which  such  real  es- 
tate was  appraised,  with  interest  from  the  time  such  levy  was 
received  for  record  by  the  register  of  deeds. 

Sec.  14.  The  creditor,  upon  such  payment  or  tender,  having 
his  reasonable  charges  therefor  duly  tendered  to  him,  shall  execute 
a  release  to  the  debtor  of  his  right  in  such  real  estate  acquired  by 
such  levy. 


CHAPTER  196. 


OF  LEVIES  ON  EQUITIES  OF  REDEMPTION. 


Section 

1.  Rights  in  equity  may  be  sold. 

2.  Notice  to  debtor  and  public,  given. 

3.  "       by  publication,  when. 

4.  Levy,    when   commenced   and    com- 

pleted. 

5.  Debtor  may  redeem,  when  and  how. 

6.  Creditor  to  release,  when  and  how. 

7.  Deed  of  officer,  how  made. 


Section 

8.  Deed  not  valid  unless  recorded. 

9.  Proceeds  of  sale,  how  applied. 

10.  Purchaser,  how  liable  for  profits. 

11.  Right  to  receive  conveyance  sold. 

12.  "       to  redeem  any  interest  sold. 

13.  Terms  for  years  and  other  interests, 

how  sold. 

14.  Rights  of  purchaser  in  such  cases. 


Section  1.  Rights  in  equity  of  redeeming  mortgaged  real  estate 
taken  on  execution,  may  be  sold  at  public  auction,  and  a  valid 


CHAP.  196.]  LEVIES    OiN    EQUITIES    AND    TERM.  395 

deed  thereof  made  by  the  officer  to  the  purchaser ;  and  such  exe- 
cution, with  the  doings  of  the  officer  thereon,  shall  be  returned 
according  to  the  precept  thereof. 

Sec.  2.  Notice  of  the  time  and  place  of  sale  shall  be  given  to 
the  debtor  or  left  at  his  usual  place  of  abode,  if  he  resides  in  the 
county  or  within  twenty  miles  of  the  property,  and  a  like  notice 
posted  up  at  two  of  the  most  public  places  in  the  town  in  which 
the  property  is  situate,  thirty  days  before  the  sale. 

Sec.  3.  If  the  debtor  does  not  reside  in  the  county  or  within 
twenty  miles  of  the  property,  a  like  notice  shall  also  be  published 
in  some  newspaper  printed  in  the  vicinity,  three  weeks  successively 
before  the  sale. 

Sec.  4.  The  levy  shall  be  commenced  by  posting  up  notices  as 
aforesaid,  and  may  be  completed  afterwards,  and  the  sale  may  be 
adjourned,  not  exceeding  ten  days  at  a  time  nor  sixty  days  in  the 
whole,  notice  of  the  adjournment  being  posted  up  in  the  same 
manner  as  notices  of  the  sale. 

Sec  5.  l,f  the  debtor  shall,  within  one  year  after  the  sale,  re- 
deem such  right  in  equity,  by  paying  to  the  purchaser  the  purchase 
money  and  any  money  paid  by  him  to  redeem  such  mortgage  in 
whole  or  in  part,  after  entry  or  notice  for  the  purpose  of  foreclo- 
sure, with  interest  thereon,  the  sale  and  deed  thereof  shall  be  void. 

Sec  6.  On  payment,  the  purchaser,  having  his  reasonable  char- 
ges therefor  duly  tendered  to  him,  shall  execute  a  release  to  the 
debtor  of  all  right  to  such  estate  acquired  by  or  under  such  sale. 

Sec  7.  The  deed  of  the  officer  making  such  sale  shall  briefly 
state  his  office,  the  names  of  the  parties  to  the  action  in  which  the 
execution  issued,  and  the  court  and  term  at  which  the  judgment 
Avas  rendered  therein,  the  consideration  paid  therefor,  a  description 
of  the  premises  conveyed  and  the  right  of  the  debtor  to  redeem 
the  same  ;  and  shall  contain  a  covenant  that  the  officer  has  ob- 
served all  the  requisitions  of  the  law  by  virtue  of  which  the  deed 
is  made. 

Sec  8.  No  sale  upon  execution  of  any  greater  interest  in  any 
real  estate  than  a  term  of  seven  years  shall  be  valid,  except  against 
the  debtor  and  his  heirs,  unless  the  execution  and  the  return  shall 
be  recorded  in  the  registry  of  deeds  in  the  county  in  which  the 
estate  is  situate. 

Sec  9.  The  proceeds  of  such  sale  shall  be  applied  to  the  satis- 
faction of  the  executions  issuing  in  the  actions  in  which  such 
estate  was  attached,  in  the  order  of  the  attachments,  and  then  to 
the  payment  of  any  other  execution  in  the  officer's  hands,  in  the 
order  in  which  they  Avere  received,  and  the  residue  shall  be  paid 
to  the  debtor. 

Sec  10.  The  purchaser  shall  be  liable  to  the  debtor,  after  re- 
demption, for  the  rents  and  profits  received  therefrom  over  the 
expenditures  made  thereon ;  but  such  purchaser  may  pay  or  ten- 
der to  the  debtor,  either  before  or  after  action  brought,  the  amount 


396 


LEVIES    AND    INJUNCTIONS.  [TITLE  XXIII. 


for  which  he  deems  himself  justly  accountable  as  aforesaid,  and 
costs ;  and  unless  the  debtor  shall  recover  a  greater  amount,  the 
defendant  shall  recover  his  costs. 

Sec.  11.  The  right  of  any  debtor  to  receive  a  conveyance  of 
real  estate  on  performance  of  any  contract,  may  be  taken  on  execu- 
tion and  sold  at  auction,  and  the  purchaser  shall  have  a  remedy  by 
bill  in  equity  to  compel  a  conveyance. 

Sec.  12.  The  right  of  any  debtor  to  redeem  any  right  or  in- 
terest in  real  estate,  may  be  taken  in  execution  and  sold  at  auction. 

Sec  13.  Terms  for  years  may  be  attached  on  mesne  process, 
and  taken' and  sold  on  execution,  and  in  all  cases  where  real  estate 
taken  in  execution  is  required  to  be  sold  at  auction,  the  proceed- 
ings relative  to  such  sale,  and  the  rights  of  parties  thereupon,  shall 
be  the  same  as  in  cases  of  the  sale  of  equities  of  redemption. 

Sec.  '14.  The  person  having  the  estate  or  right  of  the  creditor, 
purchaser  or  debtor  in  any  real  estate  taken  in  execution,  shall  be 
deemed  to  be,  and  shall  have  the  rights,  privileges  and  remedies,  in 
all  cases,  of  the  creditor,  purchaser  or  debtor  as  to  all  persons  hav- 
ing notice  of  his  right ;  and  no  act  done  by  or  to  the  original 
creditor,  purchaser  or  debtor,  shall  thenceforth  be  of  any  validity. 


CHAPTER   197. 


OF  LEVIES  AND  INJUNCTIONS. 


Section 

1.  Lien  not  lost  by  injunction,  when. 

2.  Proceedings  incase  of  injunction. 


Section 
3.  Proceedings,  if  notice  of  sale  given. 


Section  1.  Whenever  the  levy  of  any  execution  shall  be  stayed 
by  injunction,  the  lien  and  interest  of  the  attaching  creditor,  exist- 
ing at  the  time  of  such  injunction,  shall  continue  and  be  in  full 
force  until  the  expiration  of  thirty  days  after  the  dissolution  of  such 
injunction. 

Sec.  2.  The  proceedings  on  such  levy  shall  be  suspended  during 
the  continuance  of  such  injunction,  and  may  be  resumed  and  com- 
pleted at  any  time  within  thirty  days  after  the  dissolution  thereof, 
notwithstanding  the  return  day  of  such  execution  may  have  passed  ; 
and  such  execution  shall  for  this  purpose  remain  in  full  force  until 
such  proceedings  shall  have  been  completed. 

Sec.  3.  If  the  notice  of  the  sale  of  any  property,  real  or  personal, 
shall  have  been  given  on  any  such  execution  at  the  time  when  the 
levy  thereof  shall  be  stayed  by  such  injunction,  notice  of  the  sale 


CHAP.   I9S.] 


EXECUTIONS    AGAINST    TOWNS. 


397 


of  such  property  on  such  execution  may  be  given  after  the  dissolu- 
tion of  such  injunction,  in  the  same  way  and  manner  as  is  pre- 
scribed by  law  for  the  sale  of  personal  property  on  executions,  and 
such  sale  shall  be  valid. 


CHAPTER  198. 


OF  EXECUTIONS  AGAINST  TOWNS. 


Section 

1.  Estate  of  towns,  how  taken. 

2.  Copy  of  execution  to  be  left  with  se- 

lectmen. 

3.  Selectmen  to  pay  or  assess  tax. 


Section 

4.  Extent  may  issue  against  collector. 

5.  Property  of  selectmen  and  others  lia- 

ble, when. 

6.  Contribution,  how  regulated. 


Section  1.  The  goods  and  estate  of  towns  may  be  taken  on 
execution,  and  appraised  or  sold  in  the  same  manner  as  the  property 
of  other  corporations. 

Sec.  2.  If  no  such  goods  or  estate  are  found,  an  attested  copy 
of  the  execution  shall  be  left  with  one  of  the  selectmen. 

Sec  3.  The  selectmen,  upon  such  copy  being  so  left,  shall  pay 
such  execution  or  shall  assess  the  inhabitants  of  such  town  in  a 
sum  sufficient  to  satisfy  the  same,  and  within  thirty  days  there- 
after, collect  the  sum  so  assessed  by  a  collector  by  them  appoint- 
ed, and  with  the  money  so  collected  satisfy  such  execution. 

Sec.  4.  If  the  collector  to  whom  any  warrant  or  list  of  taxes 
shall  be  committed  under  this  act,  shall  neglect  to  collect  and  pay 
over  such  taxes  to  the  selectmen  within  thirty  days  after  he  shall 
receive  the  same,  the  selectmen  may  issue  an  extent  against  him. 

Sec  5.  If  such  execution  shall  not  be  satisfied  within  sixty 
days  after  a  copy  of  such  execution  is  left  as  aforesaid,  such  exe- 
cution may  be  levied  upon  the  goods  and  estates  of  the  selectmen, 
and,  if  they  are  insufficient,  upon  the  property  of  any  inhabitant 
of  such  town  or  owner  of  property  situate  therein. 

Sec  6.  Every  person  upon  whose  property  an  execution  against 
any  town  has  been  levied,  may,  in  an  action  of  assumpsit  for  money 
paid,  recover  of  such  town  the  sum  so  levied,  and  damages  and 
double  costs. 


398 


ARREST    ON    EXECUTION.  [TITLE  XXIII. 


CHAPTER  109. 


OF  IMPRISONMENT  AND  PRISON  BONDS. 


Section 

1.  Any  prisoner  on  execution  may  give 

bonds. 

2.  Form  of  bond  and  condition. 

3.  Sureties,  how  to  be  approved. 

4.  Bond  delivered  to  creditor,  when. 

5.  Surrender  by  prisoner,  how  made. 

6.  Notice,  if  two  jails,  how  given. 

7.  Sureties  may  surrender,  when. 


Section 

8.  Prisoner   surrendered   cannot  again 

give  bond. 

9.  Judgment  and  execution  on  bond. 

10.  Debtor  discharged,  not  liable  to  ar- 

rest for  one  year  on  same. 

11.  No  person  detained  for  prison  charges 

on  civil  process. 

12.  Plaintiff  to  secure  prison  charges. 


Section  1.  Any  person  arrested  or  imprisoned  on  execution,  or 
detained  in  prison  for  want  of  bail  after  final  judgment  against 
him,  or  who  shall  be  committed  to  prison  by  his  bail  or  by  the 
court  upon  a  surrender  by  his  bail  after  such  judgment,  shall  be 
discharged  upon  giving  bond  as  hereinafter  provided. 

Sec.  2.  Such  bond  shall  be  given  to  the  creditor,  with  two  suf- 
ficient sureties,  residents  of  the  State,  to  be  bound  jointly  and 
severally  in  at  least  double  the  sum  for  which  such  person  is  arrest- 
ed or  imprisoned,  with  a  condition  in  substance  as  follows : — "  The 
condition  of  the  above  obligation  is,  that  if  the  said  now  a 

prisoner  at  the  suit  of  said  shall,  within  one  year  from  the 

date  hereof,  apply  to  the  proper  authority  and  be  admitted  to  take, 
and  shall  actually  take  the  oath  or  aflirmation  prescribed  by  law 
for  the  relief  of  poor  debtors,  or  in  default  thereof  shall  surrender 
himself  to  prison  as  prescribed  by  law,  then  this  obligation  to  be 
void."  The  blanks  in  the  condition  shall  be  filled  as  the  case 
may  require. 

Sec.  3.  The  sureties  shall  be  deemed  sufficient  when  they  are 
approved  in  writing  on  the  back  of  such  bond,  either  by  the  credit- 
or, his  agent  or  attorney  in  the  action,  or  by  two  disinterested  jus- 
tices of  the  quorum  of  the  county  in  which  such  person  is  arrested 
or  imprisoned. 

Sec.  4.  Such  bond  shall  be  delivered  by  the  officer  to  the  cre- 
ditor, upon  request  and  upon  giving  a  proper  receipt  therefor. 

Sec.  5.  If  the  debtor  giving  such  bond  shall  not,  within  one 
year  from  the  date  thereof,  take  the  oath  or  affirmation  prescribed 
i)y  law  for  the  relief  of  poor  debtors,  or  be  otherwise  discharged, 
he  shall,  on  the  day  next  after  the  expiration  of  said  year,  unless 
the  same  shall  be  Sunday,  and  in  that  case  on  the  Monday  follow- 
ing, surrender  himself  up  to  the  keeper  of  the  jail  in  the  county 
where  he  was  originally  arrested  or  committed,  and  remain  at  said 
jail  from  twelve  o'clock  at  noon  till  three  o'clock  in  the  afternoon 
of  said  day,  and  his  sureties  on  such  bond  shall  be  thereby  dis- 
charged. 


CHAP.  200.]  POOR    DKBTORS.  399 

Sec.  6.  If  there  is  more  than  one  jail  in  the  county,  the  person 
making  the  surrender,  shall  cause  notice  in  writing  to  be  given  to 
the  creditor  or  his  attorney,  or  left  at  the  usual  place  of  abode  of 
one  of  them,  if  either  lives  in  the  State,  stating  at  which  of  said 
jails  the  surrender  will  be  made,  at  least  ten  days  prior  thereto. 

Sec.  7.  The  sureties  in  any  such  bond  may  take  the  body  of 
the  principal,  and  surrender  him  at  such  jail  in  the  manner  and  for 
the  purpose  aforesaid. 

Sec.  8.  In  the  case  of  such  surrender,  the  creditor  may  cause 
such  debtor  to  be  arrested  on  his  execution  and  committed  to  jail, 
where  he  shall  remain  in  close  confinement  and  shall  not  be  again 
discharged  on  giving  bond  as  aforesaid. 

Sec.  9.  On  condition  broken,  the  creditor  shall  recover  by  action 
on  such  bond,  his  just  debt  or  damages  and  costs  thereof,  with  ten 
per  cent,  interest  from  the  time  of  the  arrest,  with  costs,  and  the 
clerk  shall  certify  on  the  execution  therefor  that  it  was  issued  on 
such  bond ;  and  any  person  arrested  or  committed  in  any  suit 
thereon,  shall  be  kept  in  close  jail  and  shall  not  be  discharged  on 
giving  such  bond. 

Sec.  10.  If  any  debtor  shall  be  discharged  from  jail,  by  reason 
of  the  neglect  of  the  creditor  to  levy  his  execution  upon  his  body 
within  thirty  days  after  judgment  rendered,  he  shall  not  be  liable 
to  arrest  in  any  action  of  debt  upon  such  judgment  at  any  time 
within  one  year  afterwards. 

Sec.  11.  No  person  committed  on  civil  process,  shall  be  detained 
in  prison  for  the  non-payment  of  prison  charges  ;  but  such  charges 
shall  be  a  debt  against  the  prisoner,  if  he  is  of  ability  to  pay  the 
same. 

Sec.  12.  The  person  at  whose  suit  any  person  is  committed  to 
jail,  shall  give  bond  to  the  jailer,  with  satisfactory  security  or  such 
as  may  be  approved  by  a  justice,  to  pay  the  prison  charges  in  case 
of  the  prisoner's  inability ;  otherwise  such  prisoner  shall  be  dis- 
charRed. 


CHAPTER  SOO. 

OF  THE  RELIEF  OF  POOR  DEBTORS. 


Section 

1.  Person  imprisoned  may  petition. 

2.  Order  of  notice,  how  made. 

3.  Justices  may  adjourn,  when. 

4.  Petitioner  examined  on  oath. 

5.  Property  to  be  appraised  and  assign- 

ed, in  what  cases. 


Section 

6.  Oath  to  be  taken — form  of. 

7.  Form  of  oath  may  be  changed. 

8.  Certificate  of  oath,  form  of. 

9.  Person  of  debtor  discharged, 

10.  In  wilful  trespass  or  neglect,  no  bond 
to  be  taken. 


400 


POOR  DEBTORS. 


[title  XXIII. 


Section 

11.  In  sucli  case  not  discharged,  unless. 

12.  Persons    disqualified    to   testify,  may 

take  oath. 


Section 

13.  Costs  taxed  for  creditor,  when. 

14.  No  new   application    till    prior    costs 

paid. 


Section  1.  Any  person  arrested  or  committed  to  jail  on  any 
execution,  or  who  has  given  bond  as  provided  by  law,  may  imme- 
diately apply  to  any  two  justices  of  the  peace  and  of  the  quorum, 
by  petition  setting  forth  that  he  had  not,  at  the  time  of  his  arrest 
or  at  any  time  afterwards,  estate  to  the  value  of  twenty  dollars, 
excepting  goods  and  chattels  by  law  exempted  from  attachment, 
and  praying  to  be  admitted  to  take  the  oath  hereinafter  prescribed. 

Sec.  2.  Either  of  the  justices  may  make  an  order  on  such  appli- 
cation, appointing  a  time  and  place  for  hearing  and  considering 
such  application ;  and  the  debtor  shall  cause  the  creditor  or  his 
attorney  to  be  served  with  a  copy  of  such  application  and  order 
of  notice  thereon,  at  least  fifteen  days  before  the  day  of  hearing. 

Sec  3.  Said  justices  or  either  of  them,  on  receiving  satisfactory 
evidence  that  due  notice  has  been  given  to  the  creditor,  may  ad- 
journ the  hearing  on  such  petition,  not  exceeding  ten  days. 

Sec.  4.  The  person  so  applying  may  be  examined  under  oath, 
on  motion  of  the  creditor  or  his  attorney,  and  any  other  evidence 
produced  by  either  party  shall  be  heard ;  and  if  it  shall  appear  that 
such  person  has  been  guilty  of  any  fraud,  deceit  or  falsehood  in 
relation  to  his  property,  his  application  shall  be  refused. 

Sec.  5.  If  it  shall  appear  or  shall  be  alleged  that  the  person 
applying  had  any  property  at  the  time  of  his  commitment,  over 
and  above  the  property  exempted  by  law,  his  interest  in  the  same 
may  be  by  him  assigned  to  the  creditor,  at  the  discretion  and  ap- 
praisement of  the  justices,  in  case  the  parties  do  not  agree  ;  and  on 
his  refusal  or  neglect  forthwith  to  make  such  assignment,  his  appli- 
cation shall  be  refused. 

Sec  6.  If  no  sufficient  objection  is  made,  said  justices  shall  ad- 
minister to  the  debtor  the  following  oath  : 

"  You,  A.  B.,  do  solemnly  swear  (or  affirm)  that  you  have  not 
any  estate,  real  or  personal,  or  any  right  thereto,  to  the  amount 
of  twenty  dollars,  excepting  goods  and  chattels  by  law  exempted 
from  attachment,  and  that  you  have  not  at  any  time,  directly  or 
indirectly,  sold,  leased  or  otherwise  conveyed  any  part  of  your 
property  or  intrusted  any  person  therewith,  with  any  intent  or 
design  to  secure  the  same,  or  to  receive  or  expect  any  profit  or 
advantage  therefrom ;  nor  have  caused  or  suffered  any  thing  else 
whatever  to  be  done  whereby  any  of  your  creditors  may  be  de- 
frauded. So  help  you  God,"  (or,  "  This  you  do  under  the  pains 
and  penalties  of  perjury.") 

Sec  7.  If  the  creditor  or  his  attorney  shall  not  accept  any 
property  of  the  debtor,  an  assignment  whereof  as  aforesaid  has 


CHAP.  200.]  POOR    DEBTORS.  401 

been  tendered,  the  form  of  the  oath  shall  be  altered  accordingly, 
so  as  to  except  such  property,  which  shall  belong  to  such  debtor. 

Sec.  8.  The  said  justices  shall  make  a  certificate  of  such  oath 
when  administered,  substantially  in  the  form  following : 

THE    STATE    OF    NEW    HAMPSHIRE. 

R.  ss.     On  the  day  of  A.  D.  at  in 

said  county,  A.  B.,  of  heretofore  a  prisoner  at   the 

suit  of  C.  D.  of  took  the  oath  prescribed  by  law  for  the 

relief  of  poor  debtors,  the  said  C.  D.  (or  the  attorney  of  the  said 
C.  D.)  having  been  duly  notified,  did  (or  did  not)  attend;  before 

C  Justices  of  the  peace 
(    and  of  the  quorum. 

Sec.  9.  The  person  of  the  debtor  shall  be  thereafter  forever 
discharged  from  arrest  or  imprisonment  on  the  debt  or  demand  on 
which  he  was  so  arrested  or  imprisoned ;  but  his  estate  shall  always 
remain  liable  therefor,  and  a  new  execution  may  at  any  time  issue 
against  such  estate. 

Sec.  10.  If  the  cause  of  action,  in  any  action  of  trespass  or 
trespass  on  the  case,  has  arisen  from  the  wilful  and  malicious  act 
or  neglect  of  the  defendant,  the  court  or  justices  before  whom  the 
action  is  tried,  shall  cause  a  certificate  thereof  to  be  made  on  the 
back  of  the  execution  issued  in  such  action,  and  the  defendant 
shall  not  be  discharged  on  giving  bond  as  provided  in  the  preced- 
ing chapter. 

Sec  11.  In  such  case  the  defendant  shall  not  be  entitled,  as  a 
matter  of  right,  to  be  discharged  upon  taking  the  poor  debtor's 
oath ;  but  if  the  justices  to  whom  application  is  made,  shall  think 
proper,  he  may  be  discharged  upon  such  terms  and  conditions  as 
they  may  impose. 

Sec  12.  Any  person  disqualified  to  testify  as  a  witness,  may  be 
admitted  to  take  the  oath  prescribed  by  law. 

Sec.  13.  If  the  application  of  an}''  person  to  take  such  oath  shall 
not  prevail,  costs  shall  be  taxed  for  the  creditor  in  the  same  manner 
as  in  actions  in  the  court  of  common  pleas,  and  judgment  rendered 
and  execution  issued  by  the  justices  therefor. 

Sec  14.  No  application  of  any  person  to  take  the  poor  debtor's 
oath  shall  be  allowed,  until  the  costs  which  have  been  adjudged 
against  him  on  all  former  applications,  have  been  paid. 
51 


402 


LIABILITY    OF    BAIL. 


[title  XXIII. 


CHAPTER  201. 


OF  THE  LIABILITY  OF  BAIL. 


Section 

1.  Bail,  how  must  be  notified. 

2.  Bail  may  produce  body  of  debtor. 

3.  Bail    not   charged    unless    notice    re- 

turned as  duly  given. 

4.  Bail  discharged  by  committing  debt- 

or to  jail,  when. 

5.  Scire  facias  issued,  in  what  case. 


Section 

6.  Bail  may  surrender  on  scire  facias. 

7.  Costs  to  be  paid  by  bail,  how. 

8.  Scire  facias  must  be  served  on  bail 

within  one  year. 

9.  Bail,  how  discharged  before  justice. 
10.  Copy  of  process  left  with  jailer. 


Section  1.  Creditors  intending  to  charge  the  bail  on  the  execu- 
tion, shall  endorse  thereon  the  names  and  places  of  abode  of  the 
bail ;  and  the  officer,  at  least  fifteen  days  before  the  return  day 
thereof,  shall  deliver  to  each  of  the  persons  intended  to  be  charged 
as  bail,  or  leave  at  his  usual  place  of  abode  a  notice  in  writing, 
stating  that  such  execution  is  in  his  hands,  the  amount  thereof  and 
when  it  is  returnable,  and  keep  such  execution  until  the  return  day 
thereof. 

Sec.  2.  If  the  bail  so  notified,  shall,  at  any  time  before  the 
return  day,  produce  the  body  of  the  debtor  to  the  officer,  so  that 
he  may  arrest  him,  and  pay  the  reasonable  charges  for  such  notice, 
they  shall  be  forever  discharged. 

Sec.  3.  The  bail  shall  not  be  charged  upon  any  return  of  non 
est  inventus,  unless  the  officer  shall  certify  in  such  return  that 
notice  was  given  as  aforesaid  to  the  bail. 

Sec  4.  Bail  shall  be  discharged  at  any  time  before  judgment 
against  them,  by  committing  the  principal  to  the  common  jail  of 
the  county  in  which  the  arrest  was  made,  or  in  which  the  action 
is  pending,  and  giving  to  the  creditor  or  his  attorney  in  the  action, 
within  fifteen  days  after,  notice  in  writing  of  the  time  when  and 
place  where  the  principal  is  so  committed,  and  causing  the  board  of 
the  principal  to  be  paid  or  secured  to  the  jailer  until  the  expiration 
of  seven  days  after  notice  given  to  the  creditor  or  his  attorney, 
unless  he  shall  be  sooner  discharged  by  giving  bond  according 
to  law. 

Sec  5.  If  the  officer  shall  make  return  on  the  execution  against 
the  principal,  that  he  has  made  diligent  search,  and  has  not  been 
able  to  find  the  principal  in  his  precinct,  and  that  he  gave  notice 
to  the  bail  as  herein  prescribed,  the  creditor  may  have  a  writ  of 
scire  facias  against  the  bail,  and  judgment  and  execution  against 
him  for  the  amount  of  such  execution  and  interest,  and  for  costs. 

Sec  6.  If  the  bail  shall,  at  any  time  before  judgment  against 
them,  bring  into  the  court  the  body  of  the  principal  and  move  to 
be  discharged,  they  shall  be  discharged,  and  the  court  shall  order 


CHAP.  201.]  PROCEEDINGS    IN     SPECIAL    CASES.  408 

the  keeper  of  the  prison  to  receive  him  into  custody ;  and  he  shall 
be  holden  in  the  same  manner  as  if  he  had  been  committed  on  the 
writ  for  want  of  bail. 

Sec.  7.  The  bail  shall  not  be  discharged  by  committing  his 
principal  and  notice  to  the  creditor  as  aforesaid,  after  notice  given 
to  the  bail  as  aforesaid,  without  paying  to  the  officer,  creditor  or 
his  attorney  the  cost  of  such  notice,  and  the  cost  which  has  arisen 
in  any  action  which  has  been  commenced  against  such  bail. 

Sec.  8.  No  scire  facias  against  bail  shall  be  supported,  unless  the 
same  shall  be  served  on  the  bail  within  one  year  after  the  final 
judgment  against  the  principal. 

Sec  9.  The  bail,  in  actions  before  justices,  may  commit  the 
principal  to  jail  at  any  time  before  judgment  against  them,  and 
shall  be  discharged  upon  producing  to  the  justice  a  certificate 
thereof  from  the  jailer,  in  the  same  manner  and  upon  payment  of 
the  like  cost  as  if  he  were  surrendered  in  court. 

Sec.  10.  The  bail,  on  committing  their  principal  to  jail,  shall  in 
all  cases  leave  with  the  jailer  an  attested  copy  of  the  writ  or 
process  on  which  the  arrest  was  made,  and  of  the  officer's  return 
thereon,  with  a  certificate  of  such  commitment  ;  and  the  jailer 
shall  detain  such  principal  in  his  custody  in  the  same  manner  as 
if  he  were  committed  for  want  of  bail. 


TITL.E  XXIV. 

OF  PROCEEDINGS  IN  SPECIAL  CASES. 


Chapter  202.  Of  habeas  corpus. 

Chapter  203.  Of  forfeitures  of  grants. 

Chapter  204.  Of  replevin. 

Chapter  205.  Of  the  action  of  dower. 

Chapter  206.  Of  the  partition  of  real  estate. 

Chapter  207.  Of  trespasses  and  waste. 

Chapter  208.  Of  the  trustee  process. 

Chapter  209.  Of  the  action  against  tenants. 

Chapter  210.  Of  references  and  confession  of  debt. 


404 


HABEAS    CORPUS. 


[title    XXIV. 


CHAPTER  303. 


OF  HABEAS  CORPUS. 


BECTION 

.    1.  Who  entitled  to  the  writ  of  right. 

2.  Who  are  not  entitled  of  right. 

3.  Application,  to  whom  made. 

4.  "  by  whom  and  how  made. 

5.  Writ  granted  or  refused  on  inspection. 
G.  Bail  may  be  taken,  when. 

7.  Writ,  when  granted  without  copy. 

8.  Form  of  writ  of  habeas  corpus. 

9.  Seal,  teste,  &c.,  of  writ. 

10.  Writ  issued  by  court,  returnable. 

11.  "         "        "    justice,  returnable. 

12.  Remedy  to  be  as  easy  and  expeditious 

as  possible. 

13.  Security  for  costs  required,  when. 

14.  Service  of  writ,  how  made. 

15.  Return  of  service,  how  made. 

16.  Body  of  prisoner  to  be  brought. 

17.  Within  what  time  to  be  done. 

18.  Hearing  may  be  adjourned,  how. 


Sec 
19. 

20. 
21. 
22. 
23. 

24. 

25. 

26. 

27. 
28. 
29. 

30. 
31. 


If  court  not  in  session,  return  how 
made. 

Party  required  to  recognize. 

Court  to  hear  without  delay. 

Proceedings  on  such  hearing. 

May  admit  applicant  to  bail  in  crimi- 
nal cases,  when. 

May  admit  applicant  to  bail  in  civil 
cases,  when. 

Officer  neglecting  to  give  copy  of 
process,  penalty. 

If  person  on  whom  writ  served  re- 
fuses to  appear,  penalty. 

False  return,  penalty  for. 

Disobedience  is  contempt. 

Person  discharged  not  to  be  again 
imprisoned  for  same  cause. 

Limitation  of  suits,  and  prosecutions. 

Right  of  action  not  lost  by  death. 


Section  1.  Any  person  imprisoned  in  any  common  jail  or  other- 
wise restrained  of  his  personal  liberty,  by  any  officer  or  other  per- 
son, except  in  the  cases  mentioned  in  the  following  section,  shall 
be  entitled  of  right  to  a  writ  of  habeas  corpus,  according  to  the 
provisions  of  this  chapter. 

Sec.  2.  The  following  persons  shall  not  of  right  be  entitled  to 
such  writ : 

First,  Persons  imprisoned  upon  legal  process,  civil  or  criminal, 
in  which  the  cause  of  such  imprisonment  is  distinctly  expressed  ; 

Second,  Persons  committed  by  any  coiu't  or  judge  of  the  United 
States,  and  where  no  judge  of  any  court  of  this  State  has  authority 
to  discharge  or  to  commit  to  bail. 

Sec.  3.  Application  for  such  writ  may  be  made  to  the  superior 
court  of  judicature,  in  term  time,  in  any  county,  or  to  any  justice 
thereof  at  any  time,  by  any  person  so  imprisoned  or  restrained  of 
his  liberty,  or  by  some  person  in  his  behalf. 

Sec  4.  The  application  shall  be  in  writing  signed  by  the  appli- 
cant, and  under  oath.  It  shall  state  the  place  where  the  person  is 
supposed  to  be  imprisoned  or  restrained  of  his  liberty,  and  by 
whom,  and  a  copy  of  the  warrant  or  precept,  if  any,  under  which 
he  is  confined,  shall  be  annexed  to  such  application. 

Sec.  5.  If,  on  inspection  of  the  copy  of  such  precept,  it  shall 
appear  to  such  court  or  justice  that  such  person  is  lawfully  impris- 


CHAP.  20-2.]  HABEAS  CORPUS.  405 

oned  or  restrained  of  his  liberty  by  virtue  thereof,  a  writ  of  habeas 
corpus  shall  not  be  granted. 

Sec.  6.  If,  by  the  copy  of  such  precept,  it  shall  appear  that  such 
person  is  imprisoned  on  mesne  process  for  want  of  bail,  or  on  crimi- 
nal process  before  a  magistrate  for  want  of  recognizance,  and  that 
excessive  bail  or  recognizance  was  required,  such  court  or  justice 
shall  decide  what  bail  is  reasonable,  and  he  shall,  on  giving  such 
bail,  be  discharged. 

Sec.  7.  If  any  officer  having  the  custody  of  any  such  person 
by  virtue  of  any  precept,  shall  refuse  or  delay  unnecessarily  to 
deliver  to  such  applicant  an  attested  copy  of  such  precept,  on 
demand,  such  court  or  justice,  on  proof  of  such  demand  and  refused 
or  unnecessary  delay,  to  be  proved  by  the  affidavit  of  the  appli- 
cant or  other  credible  witness,  shall  forthwith  issue  the  writ  of 
habeas  corpus  as  prayed  for. 

Sec.  8.   The  form  of  the  writ  may  be  substantially  as  follows  : 

THE     STATE    OF    NEW    HAMPSHIRE. 


Greeting. 

We  command  you  that  the  body  of  in  our  prison  under 

your  custody  detained,  (or,  by  you  imprisoned  and  restrained  of 
his  liberty,  as  the  case  may  be,)  as  is  said,  together  with  the  day 
and  cause  of  the  taking  and  detaining  of  the  said  by  what- 

ever name  the  said  may  be  called   or  charged,  you  have 

before  our  justices  of  our  superior  court  of  judicature  holden  at 
within  and  for  our  county  of  immediately  after  the 

receipt  of  this  writ,  to  undergo  and  receive  what  our  said  justices 
shall  then  and  there  consider  of  him  in  this  behalf;  and  have  you 
then  there  this  writ. 

Witness  at  this  day  of  in  the  year 

of  our  Lord 

All  necessary  alterations,  in  the  form  thereof,  shall  be  made  to 
adapt  the  same  to  the  circumstances  of  the  application. 

Sec.  9.  Said  writ,  when  awarded  by  the  court,  shall  be  under 
the  seal  of  the  court,  tested  by  the  chief  justice  or  first  justice 
who  is  not  a  party,  and  signed  by  the  clerk  :  when  awarded  by 
any  justice  of  said  court,  it  shall  be  under  his  hand  and  seal. 

Sec  10.  Said  writ,  when  issued  by  the  court,  may  be  made 
returnable  immediately  to  the  court  or  any  justice  thereof  in  any 
county,  or  at  any  time  and  place  certain,  or  before  any  justice  of 
said  court  at  any  time  and  place  therein  directed. 

Sec.  11.  If  the  writ  is  issued  by  any  justice  of  said  court,  it 
may  be  made  returnable  before  himself  or  any  other  justice  of  said 
court,  ^immediately  at  a  place  therein  directed,  or  at  a  time  and 
place  certain,  or  before  said  court  as  may  be  therein  directed. 


406  HABEAS    CORPUS.  [TITLE    XXIV. 

Sec.  12.  In  all  cases  such  writ  shall  be  made  returnable  in  such 
a  mode,  as  to  seciu-e  to  the  applicant  the  enjoyment  of  the  same  in 
the  most  free,  easy,  cheap  and  expeditious  manner. 

Sec.  13.  The  court  or  justice  awarding  such  writ,  may,  in  his 
discretion,  before  the  same  is  awarded,  require  that  the  applicant 
shall  file  a  sufficient  bond  or  give  satisfactory  security  to  the  person 
to  whom  such  writ  is  directed,  for  the  payment  of  all  charges 
incurred  by  reason  of  such  process,  and  that  the  person  imprisoned 
shall  not  escape  by  the  way ;  and  may  also  order  that  the  expenses 
of  bringing  the  person  imprisoned  or  restrained  of  his  liberty, 
before  such  court  or  justice,  (which  sum  shall  be  fixed  by  such 
court  or  justice  and  endorsed  on  such  writ,)  shall  be  paid  or  ten- 
dered at  the  time  of  the  service  of  such  writ. 

Sec.  14.  The  service  of  such  writ  may  be  made  by  any  person, 
and  shall  be  by  delivering  the  original  to  the  person  to  whom  it 
is  directed,  or  if  the  person  for  whom  application  is  made,  is  in 
prison,  it  may  be  left  with  the  jailer  or  deputy  keeper  at  such  pri- 
son, and  paying  or  tendering  the  sum  endorsed  on  said  writ,  if  any. 

Sec  15.  The  person  making  such  service,  shall  keep  a  copy 
of  such  writ,  and  shall  make  his  return  or  affidavit  of  service  and 
of  such  payment  or  tender  of  fees  thereon,  as  in  other  cases,  £irid 
deliver  the  same  to  the  court  or  justice  before  whom  the  same  is 
returnable,  on  or  before  the  time  of  hearing  therein  designated. 

Sec  16.  The  person  to  whom  such  writ  is  directed,  shall  receive 
the  same  when  offered,  and  upon  payment  or  tender  of  the  sum 
endorsed  on  said  writ,  if  any,  shall  yield  due  obedience  to  the 
command  thereof;  and  shall  make  due  return  thereof  to  the  court 
or  justice,  and  at  the  time  and  place  therein  mentioned  ;  and  shall 
state  every  cause  of  taking  and  detaining  the  person  imprisoned  or 
restrained,  all  which  shall  be  made  under  oath ;  and  shall  also  have 
present  the  body  of  such  person,  unless  imprisoned  or  restrained 
for  some  one  or  more  of  the  causes  specified  in  the  second  section 
of  this  chapter. 

Sec.  17.  If  no  time  is  specified  for  such  return,  the  same  writ 
being  returnable  immediately,  the  return  shall  be  made  within 
three  days  after  such  service,  imless  the  prisoner  is  to  be  brought 
more  than  twenty  miles,  in  which  case  the  return  shall  be  made 
within  so  many  days  more  as  will  be  equal  to  one  day  for  every 
ten  miles  of  such  further  distance. 

Sec  18.  Any  justice  of  said  court,  when  any  such  writ  is  re- 
turned to  him,  may  certify  and  return  the  same,  with  all  things 
pertaining  thereto,  to  said  court,  if  then  sitting  ;  and  at  any  time  be- 
fore the  prisoner  shall  have  been  discharged,  bailed  or  remanded, 
any  such  justice  may  adjourn  further  proceedings  on  such  writ  to 
said  court,  if  then  in  session,  or  to  the  next  term  thereof,  if  to  com- 
mence within  three  months  next  afterwards.  The  said  court,  in 
any  such  case,  shall  proceed  thereon  as  if  such  writ  had  been,  by 
the  tenor  thereof,  returnable  thereto. 


CHAP.  202]  HABEAS    CORPUS.  407 

Sec.  19.  If  said  court  shall  not  be  in  session  when  any  sucli 
writ  is  made  returnable,  the  same  shall  be  returned  to  any  justice 
of  said  court  as  if  the  same  was  issued  by  and  returnable  to  him. 

Sec.  20.  Such  court  or  justice  may  require  and  take  security  by 
recognizance,  with  sufficient  sureties  if  necessary,  for  the  appear- 
ance of  any  party  at  the  time  and  place  of  hearing  on  any  such 
writ,  and  to  abide  the  order  of  court  thereon  ;  and  may  make  all 
decrees  necessary  to  insure  the  attainment  of  the  object  of  such 
writ,  and  enforce  the  same  upon  the  principles  of  equity. 

Sec.  21.  When  any  person  shall  be  brought  before  any  court  or 
justice  thereof  as  aforesaid,  such  court  or  justice  shall,  within  three 
days  after,  proceed  and  examine  the  causes  of  detention. 

Sec.  22.  If  the  person  imprisoned  or  restrained,  shall  be  so  im- 
prisoned or  restrained  without  sufficient  cause  or  due  order  of  law, 
he  shall  be  discharged ;  but  if  otherwise,  he  shall  be  remanded. 

Sec.  23.  If  such  person  is  committed  for  any  bailable  offence, 
such  court  or  justice  may  bail  him  by  ordering  him  to  recognize, 
with  sufficient  surety  or  sureties,  in  a  reasonable  sum,  for  his 
appearance  at  the  court  having  cognizance  of  such  offence,  and 
shall  certify  their  recognizance  into  such  court. 

Sec.  24.  If  such  person  is  committed  on  mesne  process  in  any 
civil  action  for  want  of  bail,  and  it  shall  appear  that  the  bail  re- 
quired was  excessive,  such  court  or  justice  may  discharge  him  on 
reasonable  bail  being  given. 

Sec.  25.  If  any  officer  having  the  custody  of  any  prisoner,  on 
payment  or  tender  of  his  fees  therefor,  shall  not,  within  six  hours 
after  demand  made,  deliver  to  such  prisoner  a  true  copy  of  the 
warrant  or  process  by  which  he  is  held  in  custody,  he  shall  forfeit 
to  the  party  aggrieved  the  sum  of  two  hundred  dollars. 

Sec.  26.  If  any  person  to  whom  any  writ  of  habeas  corpus  is 
directed,  shall  refuse  to  receive  the  same,  or  shall  conceal  himself 
or  avoid  so  that  such  writ  cannot  be  delivered  to  him,  or  after  the 
receipt  thereof  shall  refuse  or  neglect,  after  the  payment  or  tender 
of  expenses  when  required  as  aforesaid,  to  yield  obedience  thereto, 
unless  prevented  by  the  sickness  of  the  person  detained  or  other 
necessity,  he  shall  forfeit  for  every  such  offence  to  the  person 
aggrieved,  the  sum  of  five  hundred  dollars. 

Sec.  27.  If  any  person  shall  make  any  false  return  to  any  such 
writ,  he  shall  be  also  liable  to  the  action  of  the  party  grieved,  and 
also  to  any  action  at  common  law  for  false  imprisonment  or  unlaw- 
ful restraint. 

Sec.  28.  The  court  or  justice  thereof  awarding  any  such  writ, 
or  to  whom  it  is  returned,  may  punish  every  disobedience  to  the 
order  thereof  as  for  a  contempt,  and  may  compel  obedience  thereto 
by  process  of  attachment. 

Sec.  29.  No  person  enlarged  by  habeas  corpus,  shall  again  be 
imprisoned  or  restrained  of  his  liberty  for  the  same  cause,  unless  he 
shall  be  indicted  therefor  or  convicted  thereof,  or  shall  neglect  to 


408 


FORFEITURE    OF    GRANTS, 


[title  XXIV. 


appear  according  to  his  recognizance,  or  to  find  bail  when  required 
thereto ;  and  if  any  officer  or  other  person  shall  wilfully  again 
imprison  or  restrain  the  person  so  discharged,  except  as  aforesaid, 
he  shall  forfeit  to  the  party  aggrieved  eight  hundred  dollars. 

Sec.  30.  All  actions  and  prosecutions  for  any  offence  against  the 
provisions  of  this  chapter,  shall  be  commenced  within  two  years 
next  after  the  commission  of  such  offence ;  saving  to  all  persons  in 
prison  the  right  to  sue  or  prosecute  at  any  time  within  two  years 
after  such  impediment  is  removed. 

Sec.  31.  The  right  of  action  in  any  such  case,  excepting  actions 
of  trespass  for  false  imprisonment,  shall  not  cease  by  the  death  of 
either  party,  but  shall  survive  for  and  against  the  personal  repre- 
sentatives of  the  deceased. 


CHAPTER  303. 


OF  THE  FORFEITURE  OF  GRANTS. 


Section 

1.  "  Grant"  construction  of  word. 

2.  "  Grantee,"  "  "       " 

3.  Grants,  how  forfeited. 

4.  Effect  of  forfeiture. 

5.  Information  or  complaint,  how  filed. 

6.  Proceedings,  where  to  be  had. 

7.  Service,  in  case  of  lands,  how  made. 

8.  "         in  other  cases,  how  made. 

9.  Several  persons  may  join. 

10.  Grantee,  when  defaulted. 

11.  Grantee,  when  heard  in  chancery. 


Section 

12.  Judgment  may  be  conditional. 

13.  Judgment,  how  rendered. 

14.  Copy  of  case  to  be  returned  to  secre- 

tary's office. 

15.  Improvements,  when  allowed  for. 

16.  Value  thereof,  how  determined. 

17.  W^hen  lands  regranted,  conditions. 

18.  If  conditions  not  fulfilled,  remedy. 

19.  Possession,  how  recovered. 

20.  Complainant  liable  for  costs. 


Section  1.  The  word  '■'•  grant ^^''  as  used  in  this  chapter,  shall 
be  construed  to  mean  all  grants  or  charters  of  lands  in  this  State, 
made  by  the  supreme  executive  or  legislative  power  thereof,  and 
all  acts  of  incorporation  and  laws  giving  to  individuals  powers  or 
rights  not  common  to  all  citizens. 

Sec.  2.  The  word  ^^ grantee'''  shall  be  construed  to  mean  the 
person,  persons  or  corporation  to  whom  such  grant  is  made,  their 
representatives,  successors  and  assigns,  and  all  persons  interested 
therein. 

Sec  3.  Any  grant  may  be  adjudged  forfeited  for  the  non-per- 
formance of  any  condition  annexed  to  or  contained  in  such  grant, 
whether  such  condition  be  expressed  or  from  the  nature  of  the 
case  clearly  implied,  in  the  manner  hereinafter  provided. 

Sec.  4.  Whenever  any  grant   shall   be  adjudged  forfeited,  the 


CHAP.  203.]  FORFEITURE    OF    GRANTS.  409 

grantee  shall  be  immediately  divested  of  all  rights,  powers  and 
privileges  derived  by  virtue  of  such  grant ;  and  the  grant  shall  be 
thenceforth  deemed  to  be  vacated,  and  shall  revert  to  the  State. 

Sec.  5.  The  ordinary  mode  of  process  shall  be  by  information 
filed  by  the  attorney  general,  or  other  person  duly  authorized  in 
behalf  of  the  State,  setting  forth  that  such  grant  is  forfeited,  or  if 
the  claim  is  by  an  individual  for  the  forfeiture  of  a  grant  of  land, 
by  a  complaint  by  such  individual,  setting  forth  such  forfeiture  and 
his  claim  thereto.  In  the  latter  case,  before  any  order  is  issued, 
the  complainant  shall  file  with  the  clerk  a  bond  running  to  the 
State,  in  a  reasonable  sum  and  with  sufficient  sureties,  conditioned 
to  pay  all  costs  which  may  be  recovered  against  him  on  such  com- 
plaint. 

Sec.  6.  Such  information  or  complaint  shall  be  directed  to  the 
justices  of  the  superior  court  of  judicature,  for  the  county  in  which 
such  land  or  corporation,  or  any  part  thereof,  lies,  and  may  be  filed 
in  vacation  ;  and  the  clerk  shall  make  an  order  thereon,  directing 
such  grantee  to  appear  at  the  next  term  of  said  court  in  said  county, 
then  and  there  to  show  cause  why  such  forfeiture  should  not  be 
decreed. 

Sec.  7.  Such  process  shall  be  served  upon  the  grantee,  in 
the  case  of  forfeiture  of  lands,  by  posting  up  a  copy  of  such  com- 
plaint or  information  and  order  of  court  thereon,  in  some  public 
place  in  the  shire  town  of  the  county  in  which  such  land  lies,  for 
the  space  of  thirty  days  prior  to  the  term  of  the  court  at  which 
the  same  is  to  be  heard  and  tried,  and  also  by  publishing  the  same 
in  some  newspaper  printed  in  such  county,  if  any  there  be,  other- 
wise in  some  adjacent  county,  and  also  in  the  New  Hampshire 
Patriot  and  State  Gazette,  three  weeks  successively,  the  last  publi- 
cation to  be  at  least  thirty  days  prior  to  said  term. 

Sec  8.  In  all  other  cases  service  shall  be  made  by  giving  an 
attested  copy  of  such  information  and  order  of  court  thereon,  to 
such  grantee  or  the  clerk  of  such  corporation,  or  one  of  the  prin- 
cipal proprietors  thereof,  or  by  leaving  the  same  at  his  usual  place 
of  abode,  thirty  days  at  least  prior  to  said  term,  or  by  such  other 
notice  as  the  court,  on  consideration,  shall  order. 

Sec.  9.  If  several  persons  in  any  case  claim  under  the  same 
grant,  they  may  appear  and  plead  severally. 

Sec.  10.  If  the  grantee  shall  not  appear  after  service  duly  made, 
the  court  shall  hear  the  evidence  and  try  the  truth  of  the  matters 
alleged  in  the  information  or  complaint,  and  may,  for  good  cause 
shown,  adjudge  the  grant  to  be  forfeited. 

Sec  11.  If  the  verdict  of  the  jury  or  the  decision  of  the  court, 
in  any  such  case,  is  that  such  grant  is  forfeited  or  that  the  condi- 
tions of  the  grant  have  not  been  performed,  the  grantee  may  show 
his  reasons  in  writing  to  the  court  why  the  grant  in  equity  and 
good  conscience  should  not  be  forfeited,  although  a  forfeiture  has 
52 


410  FORFEITURE    OF    GRxVNTS.  [tITI.E  XXIV. 

been  legally  incurred,  and  tlie  court  shall  judge  the  same  according 
to  equity  and  good  conscience. 

Sec.  12.  If  the  court,  upon  due  consideration,  shall  deem  such 
reasons  to  be  sufficient,  the  same  shall  be  briefly  recited  in  the 
judgment,  which  shall  be  that  the  grant,  in  equity,  ought  not  to  be 
forfeited  and  is  not  forfeited,  and  that  the  grantee  pay  the  costs  of 
suit. 

Sec.  13.  If  no  reasons  are  shown,  or  if  the  reasons  shown  are 
insufficient,  the  judgment  shall  be  that  the  grant  is  forfeited,  and 
the  reasons  shown,  if  any,  and  their  insufficiency  shall  be  briefly 
recited  in  said  judgment. 

Sec.  14.  When  final  judgment  has  been  rendered  that  a  grant  is 
forfeited,  the  clerk  of  the  court  in  which  such  judgment  is  ren- 
dered, shall,  within  thirty  days  thereafter,  transmit  to  the  secretary 
of  state  a  copy  of  all  the  papers  in  such  case,  including  the  judg- 
ment, certified  by  him  and  under  the  seal  of  the  court,  which  shall 
be  kept  by  the  secretary  and  laid  before  the  legislature  at  the  next 
session. 

Sec.  15.  At  and  upon  the  rendition  of  any  judgment  of  forfeit- 
ure of  any  grant  of  land  as  aforesaid,  such  grantee  may,  by  petition 
or  motion  in  writing,  set  forth  the  facts  respecting  his  performance 
of  the  condition  of  such  grant  and  the  improvements  made  by 
him  thereon,  and  may  pray  the  court  to  be  heard  tliereon. 

Sec  16.  The  court  shall  immediately  proceed  to  hear  the  same, 
either  by  a  jury  or  before  themselves,  at  the  option  of  such  par- 
ty ;  and  upon  the  value  of  such  improvements  and  the  value  of 
the  land,  at  the  time  of  the  entry  of  such  grantee,  being  found,  the 
court  as  a  court  of  equity,  shall  determine  and  decree  that  the 
State  shall  pay  to  such  grantee  the  value  of  such  improvements,  or 
so  much  thereof  as  they  shall  think  reasonable,  before  having  pos- 
session of  such  lands,  or  that  the  grantee  shall  pay  to  the  State  the 
value  of  the  lands  before  such  improvements  were  made,  and  upon 
such  payment  to  have  all  the  title  of  the  State  thereto,  or  it  may 
be  conditional,  leaving  it  to  the  option  of  the  grantee  to  pay  or 
receive  said  sums,  as  he  may  think  expedient ;  which  decree  shall 
prescribe  the  time  and  mode  of  such  payment,  which  shall  be  at 
the  treasury  of  the  State,  and  such  notices  and  other  requirements 
as  equity  may  demand. 

Sec.  17.  Whenever  any  grant  of  land  has  been  declared  forfeit-  - 
ed,  and  the  same  has  been  regranted,  such  second  or  other  grantee 
may  appear  at  and  upon  the  rendition  of  judgment  of  forfeiture, 
in  the  manner  provided  in  the  preceding  section,  and  a  hearing 
shall  be  had  and  a  conditional  judgment  rendered  as  is  therein  pro- 
vided, and  such  judgment  returned  to  the  secretary  of  state  as  in 
other  cases. 

Sec.  18.  If  such  grantee  shall  not  comply  with  and  fulfil  said 
decree  or  judgment  of  court,  in  the  mode  and  within  the  time 


CHAP.  204.] 


REPLEVIN. 


411 


therein  prescribed,  the  attorney  general  or  other  person  appointed, 
may  bring  a  writ  of  scire  facias  in  the  same  court,  and  said  court 
sitting  in  equity,  upon  a  hearing  of  said  case,  may  decree  such 
grant  to  be  forfeited. 

Sec.  19.  Wlienever  any  grant  of  lands  shall  be  declared  forfeit- 
ed, and  the  grantee  shall  continue  to  hold  possession  thereof,  an 
action  may  be  brought  by  the  State  to  recover  such  possession,  un- 
less the  same  has  been  regranted  so  that  the  State  has  no  present 
title  thereto. 

Sec.  20.  If  any  person  not  employed  by  and  in  behalf  of  the 
State,  shall  enter  any  complaint  or  prosecute  any  suit  as  aforesaid, 
and  shall  not  support  his  title,  costs  shall  be  taxed  against  him  for 
the  defendant. 


CHAPTER  S04. 


OF  REPLEVIN. 


Section 

1.  Beasts  impounded,  how  replevied. 

2.  Property  claimed  by  third  person. 
3  "         exempt  from  attachment. 


Section 

4.  Suits,  where  to  be  brought. 

5.  Plaintiff  to  give  bond,  how. 

6.  Officer  may  seize  property,  how. 


Section  1.  Any  person  whose  beasts  are  impounded,  may  at  any 
time,  while  they  remain  in  the  pound,  maintain  replevin  therefor 
against  the  impounder  thereof. 

Sec  2.  When  any  goods  or  chattels  attached  on  any  writ  of 
mesne  process,  are  claimed  by  any  other  person,  he  may  maintain 
replevin  therefor. 

Sec  3.  If  any  goods  or  chattels  exempted  by  law  from  attach- 
ment, are  attached  upon  mesne  process,  and  before  they  are  taken 
on  execution,  the  owner  or  person  out  of  whose  possession  they 
were  taken,  may  maintain  replevin  therefor. 

Sec  4.  If  the  value  of  property  replevied  does  not  exceed 
thirteen  dollars  and  thirty-three  cents,  the  action  shall  be  brought 
before  a  justice ;  otherwise,  in  the  court  of  common  pleas. 

Sec  5.  The  plaintiff  in  the  writ,  before  the  service  thereof, 
shall  give  bond  to  the  sheriff  of  the  county,  with  sufficient  sure- 
ties, in  a  sum  not  less  than  double  the  value  of  the  property  reple- 
vied, conditioned  to  prosecute  his  suit  and  to  pay  all  such  damages 
and  charges  as  may  be  awarded  against  him. 

Sec  6.  If  any  property  attached  as  aforesaid,  is  in  the  possession 
of  any  person  for  keeping  or  otherwise,  the  officer  having  the  writ 
of  replevin,  may  demand  the  same,  and  on  neglect  or  refusal   to 


412 


ACTION     OF    DOWER. 


[title  XXiV. 


deliver  such  property,  may  enter  any  close  or  building  and  replevy 
the  same.  The  delivery  to  or  taking  by  such  officer  of  any  pro- 
perty shall  exonerate  the  person  having  possession  thereof  as  afore- 
said, from  all  liability  therefor. 


CHAPTER  205. 


OF  THE  ACTION  OF  DOWER. 


Section 

1.  Writ  of  dower,  when  brought. 

2.  Demand  of  dower  to  be  first  made. 

3.  Form  of  writ  of  dower. 

4.  Damages  to  be  rendered,  what. 


Section 

5.  Form  of  judgment  for  dower. 

6.  Dower,  how  set  out  by  officer. 

7.  Rights  of  widow  therein. 


Section  1.  If  dower  is  not  assigned  to  any  woman  entitled 
thereto,  to  her  satisfaction,  by  the  heir  or  tenant  of  the  freehold  or 
by  the  judge  of  probate,  she  may  recover  the  same  by  action  of 
dower. 

Sec.  2.  She  shall  make  demand  in  writing  of  her  dower  of  the 
person  seized  of  the  freehold,  if  in  this  State,  otherwise  of  the 
tenant  in  possession ;  and  if  such  dower  is  not  set  out  within  one 
month,  may  sue  for  and  recover  the  same  against  such  person. 

Sec.  3.   The  writ  in  actions  of  dower  shall  be  a  summons. 

Sec.  4.  If  the  demandant  recovers  judgment  for  her  dower,  she 
shall  also,  in  the  same  action,  recover  her  reasonable  damages  for 
the  detention  thereof  by  the  tenant  in  such  action  after  demand 
made. 

Sec  5.  Judgment  shall  be  rendered  for  the  demandant  that  she 
recover  "  seizin  of  such  part  of  a  certain  with  the  appurte- 

nances, as  will  produce  a  yearly  income  equal  to  one  third  part  of 
the  yearly  income  thereof  on  the  day  of  ." 

Sec  6.  The  officer  to  whom  such  writ  of  seizin  is  directed, 
shall  cause  such  dower  to  be  set  oif  by  three  discreet  and  disinte- 
rested men  of  the  neighborhood,  who  shall  be  appointed  and  shall 
proceed  in  the  same  manner  as  is  provided  in  the  case  of  the  levy 
of  executions  on  real  estate. 

Sec  7.  The  rights  of  every  such  woman  and  the  mode  of  set- 
ting out  her  dower,  shall  be  the  same  as  in  similar  cases  before  a 
judge  of  probate. 


CHAP.  206. j 


PARTITION    OF    REAL    ESTATE. 


413 


CHAPTER  S06. 


OF  PARTITION  OF  REAL  ESTATE. 


Section 

1.  Partition  may  be  made,  when. 

2.  Petition,  if  owners  known. 

3.  "         "        "        unknown. 

4.  Notice,  where  owners  known. 

5.  "  "  "        unknown. 

6.  If  petitionee  is  absent,  notified. 

7.  If  petitionee  is  an  infant,  what. 

8.  If  unknown,  agent  to  be  appointed. 

9.  Questions  triable  by  jury,  how. 

10.  Committee  to  be  appointed,  how. 

11.  Notice  to  be  given  by  committee. 

12.  Proceedings,  if  owner  unknown. 

13.  Partition,  how  to  be  made. 

14.  Report  and  judgment  thereon. 


Section 

15.  Costs,  how  adjusted. 

16.  If  petitioner  prevails  in  part,  costs, 

how  taxed. 

17.  If  petitioner  fails,  costs. 

18.  If  petition  not  entered,  costs. 

19.  Petition  not  affected  by  sale.  Sec. 

20.  Legal  owner  to  have  share  set  off. 

21.  If  no  dispute  as  to  title,  petition  filed 

in  probate  court. 
29.  Notice  how  given  in  such  case. 

23.  Partition,  how  made  in  such  case. 

24.  If  costs  not  paid,  how  collected. 

25.  Estate  not  divisible,  how  set  off. 


Section  1.  One  or  more  persons  having  or  holding  real  estate 
with  others,  may  have  partition  thereof  in  the  mode  hereinafter 
provided. 

Sec.  2.  Application  may  be  made  by  such  person  to  the  superior 
court  of  judicature  in  the  county  in  which  such  real  estate  or  any 
part  thereof  lies,  by  petition  in  writing,  particularly  describing  the 
estate  of  which  partition  is  desired,  the  names  of  all  owners  or  per- 
sons interested,  if  known,  and  the  share  of  the  petitioner  therein, 
and  praying  for  partition  thereof. 

Sec  3.  If  the  persons  owning  or  interested  in  any  such  real 
estate  with  the  petitioner,  are  unknown,  the  estate  shall  be  de- 
scribed in  such  petition  in  the  same  manner  as  is  required  by  law 
in  the  case  of  taxing  unimproved  lands  of  non-residents,  specifying 
the  share  severally  held  by  each  petitioner,  and  stating  the  same  as 
held  with  persons  unknown. 

Sec.  4.  The  petitioner  shall  cause  notice  to  be  given  to  all  per- 
sons interested  in  such  estate,  by  causing  such  petition,  with  an 
order  of  notice  thereon,  to  be  duly  served  on  each  in  the  same 
manner  that  writs  of  summons  are  required  to  be  served. 

Sec.  5.  If  any  petitionee  is  unknown,  or  if  his  residence  is  un- 
known, or  if  he  resides  out  of  the  State  not  having  had  personal 
notice,  the  court  shall  order  said  petition  and  order  of  notice  to  be 
published  in  some  newspaper  printed  in  the  county,  if  any  there 
be,  otherwise  in  some  adjoining  county,  three  weeks  successively, 
the  last  publication  to  be  thirty  days  at  least  before  the  term  of  the 
court  at  which  such  petition  is  to  be  heard. 

Sec.  6.  If  any  petitionee  is  absent  from  home  at  the  time  of 
the  service  of  such  petition,  and  has  not  returned  and  does  not  ap- 


414  PARTITION    OF    REAL    ESTATE.  [tITLE    XXIV. 

pear  at  the  sitting  of  the  court  at  which  such  petition  is  entered  or 
continued,  the  court  may  continue  such  petition  and  order  farther 
notice  to  be  given,  if  they  think  proper. 

Sec.  7.  If  any  petitionee  is  an  infant  or  otherwise  incapacitated 
to  take  care  of  his  estate,  the  court  shall  not  cause  partition  to  be 
made  until  a  guardian  or  agent  has  been  appointed,  and  such  agent 
may  be  appointed  by  the  court. 

Sec.  8.  If  any  petitionee  is  unknown,  the  court  may,  whenever 
they  think  it  expedient,  appoint  an  agent  to  aid  and  advise  in  his 
behalf  in  making  such  partition. 

Sec  9.  If  any  of  the  facts  alleged  in  such  petition  are  denied 
by  the  petitionee,  the  objections  shall  be  made  in  waiting  by  plea 
drawn  with  legal  certainty,  to  which  the  petitioner  may  reply  or 
demur,  so  that  the  matter  in  dispute  may  be  reduced  to  an  issue 
of  law  or  fact,  and  tried  and  determined  as  in  civil  cases.  Every 
such  issue  of  fact  shall  be  sent  to  the  court  of  common  pleas  for 
trial,  unless  by  agreement  of  parties  it  is  tried  by  the  court. 

Sec.  10.  If  the  issue  is  determined  in  favor  of  the  petitioner,  or 
if  after  due  notice  the  petitionee  shall  not  appear,  the  court  shall 
render  judgment  that  partition  be  made,  and  shall  appoint  a  com- 
mittee consisting  of  three  suitable  persons,  residents  of  such  county, 
to  make  partition  of  such  estate  and  to  set  off  the  share  of  the 
several  persons  interested,  according  to  their  respective  titles,  and 
shall  award  costs  to  the  petitioner  against  the  petitionee  and  issue 
execution  therefor. 

Sec.  11.  Such  committee,  before  proceeding  to  make  partition, 
shall  cause  notice  in  writing  of  the  time  and  place  appointed  for  a 
hearing  in  relation  thereto,  signed  by  their  chairman,  to  be  served 
upon  each  person  interested,  or  his  agent  or  attorney,  or  left  at  his 
usual  place  of  abode,  seven  days  at  least  before  such  day  of  hear- 
ing. 

Sec  12.  If  any  petitionee  or  his  residence  is  unknown,  the 
committee  shall  cause  such  notice  to  be  published  in  some  news- 
paper published  in  the  same  county,  if  any  there  be,  otlierwise  in 
some  adjoining  county,  three  weeks  successively  before  said  day 
of  hearing. 

Sec  13.  Said  committee,  before  such  hearing  is  had,  shall  be 
sworn  faithfully  and  impartially  to  discharge  the  duties  of  their 
commission,  and  shall  proceed  to  make  partition  of  the  estate  as  is 
therein  directed,  by  dividing  and  setting  off  to  each  owner  his  just 
share  thereof,  according  to  his  right,  by  proper  metes  and  bounds 
or  other  distinct  description,  and  shall  return  to  said  court  a  full 
report  of  their  doings,  with  a  particular  description  of  each  portion 
of  the  estate  so  divided,  and  a  certificate  of  said  oath. 

Sec  14.  Such  partition  and  report  being  made  and  returned  to 
said  court,  judgment  may  be  rendered  thereon;  and  the  same  being 
recorded  in  the  registry  of  deeds  for  the  county  where  the  real 
estate  lies,  shall  be  valid  and  effectual  to  all  intents  and  piu-poses. 


CHAP.  20G.]  PARTITION    OF    REAL    ESTATE.  415 

Sec.  15.  The  committee  shall  consider  and  adjust  the  costs  and 
charges  of  making  such  partition,  and  apportion  the  same  in  such 
manner  as  they  shall  think  just  and  reasonable  for  or  against  the 
parties  interested,  and  report  the  same  to  the  court,  and  execution 
may  issue  therefor. 

Sec.  16.  If,  on  the  trial  of  any  issue,  it  shall  be  determined  thskt 
the  petitioner  has  a  right  or  share  in  the  estate  described,  but  less 
than  he  claims,  the  court  shall  order  that  partition  be  made  in  the 
manner  aforesaid,  according  to  the  actual  rights  of  each,  but  the 
petitionee  shall  recover  costs. 

Sec.  17.  If  on  such  trial  it  shall  be  determined  that  the  peti- 
tioner has  no  right  or  share  in  such  estate,  the  petitionee  shall 
recover  costs. 

Sec.  18.  If  the  petitioner  shall  fail  to  enter  or  to  prosecute  his 
said  petition,  costs  shall  be  awarded  in  favor  of  all  the  petitionees 
upon  whom  service  thereof  was  made,  to  be  recovered  as  in  other 
cases. 

Sec.  19.  No  partition  shall  be  avoided  by  any  conveyance  made 
by  any  petitionee,  after  the  entry  of  the  petition  therefor,  nor  by 
any  conveyance,  unless  duly  recorded  at  the  date  of  such  entry, 
nor  by  any  mortgage,  attachment  or  lien  thereon,  whenever  made, 
or  by  the  death  of  either  party,  but  the  share  of  each  party  named 
in  the  petition,  shall  be  set  off  in  severalty  and  be  subject  to  all 
legal  claims  thereon,  as  if  such  claimant  had  been  a  party  thereto. 

Sec.  20.  If,  in  making  any  partition,  any  share  shall  be  set  off 
to  any  person  other  than  the  legal  owner  thereof,  such  share  shall 
enure  to  the  benefit  of  such  legal  owner,  his  heirs  or  assigns,  as  if 
the  same  had  been  set  off  to  him. 

Sec.  21.  If  there  is  no  dispute  about  the  title,  the  petition  for 
partition  may  be  directed  to  and  filed  with  the  judge  of  probate 
of  the  county  where  the  real  estate  or  the  greater  part  thereof  lies, 
who  shall  appoint  a  time  and  place  of  hearing  thereon. 

Sec.  22.  Notice  thereof  shall  be  given  to  all  parties  interested 
by  giving  to  each  in  hand,  or  leaving  at  his  usual  place  of  abode 
a  true  and  attested  copy  of  such  petition  and  order  of  notice,  fifteen 
days  at  least  before  the  day  of  hearing,  or  by  causing  the  same  to 
be  published  in  some  newspaper  printed  in  the  vicinity,  three  weeks 
successively,  the  last  publication  to  be  at  least  thirty  days  before 
such  day  of  hearing. 

Sec.  23.  If,  on  such  hearing,  no  sufficient  objection  appears, 
said  judge  shall  cause  partition  [to  be  made]  by  a  committee,  who 
shall  be  appointed,  be  sworn,  give  notice  and  proceed  in  making 
partition ;  and  the  court  shall  appoint  guardians  or  agents  for  all 
minors  or  persons  incapacitated,  and  agents  for  all  persons  un- 
known or  out  of  the  State,  interested  in  such  estate,  receive  and 
accept  the  report  of  such  committee,  and  render  judgment  and 
award  costs  thereon,  in  the  manner  herein-before  prescribed. 

Sec.  24.  If  any  party  interested,  against  whom  costs  are  award- 


416 


TRESPASSES    AND    WASTE.  [tITLE    XXIV. 


ed,  shall  neglect  to  pay  the  same,  the   said  judge   may   issue  his 
warrant  of  distress  therefor. 

Sec.  25.  When  any  real  estate  is  so  situated  that  it  cannot  be 
divided  so  as  to  give  to  each  owner  his  equal  share  therein,  without 
great  prejudice  or  inconvenience,  the  same  or  part  thereof  may  be 
assigned  to  one  of  the  petitioners,  he  paying  to  the  other  persons 
interested  who  shall  have  less  than  their  shares,  such  sum  of  money 
as  the  committee  shall  award,  or  giving  bond,  with  sufficient  sure- 
ties, to  pay  the  same  with  interest  within  such  time  as  the  court 
shall  order. 


CHAPTER  207. 


OF  TRESPASSES  AND  WASTE. 


Section  Section 

1.  Trespass  on  wood  lot,  penalty.  6.  Trespasses  on  public  lands. 

2.  Altering  marks  on  logs,  penalty.  7.  Such  possession  of  no  avail. 

3.  Leaving  gates,  &c.,  open,  penalty.  8.  Cutting  timber  trees,  «fec.,  penalty. 

4.  Carrying  away  earth,  &c.,  penalty.  9.  Limitation  of  prosecutions. 

5.  Mode  of  proceeding  in  such  cases. 

Section  1.  If  any  person  shall  cut,  fell,  destroy  or  carry  away 
any  tree,  wood,  timber  or  underwood  whatsoever  standing,  lying 
or  being  on  the  land  of  any  other  person,  having  no  right  there, 
without  leave  from  the  owner  of  the  land  on  which  such  trees, 
timber,  wood  or  underwood  were,  or  shall  aid  therein,  he  shall  for- 
feit for  each  trespass  to  the  person  injured,  five  dollars  for  every 
tree  or  log  of  one  foot  over,  for  every  tree  or  log  of  greater  dimen- 
sions, five  dollars  and  three  times  the  value  thereof,  and  three  dol- 
lars for  every  tree,  log  or  pole  less  than  one  foot  in  diameter,  and 
for  other  wood  or  underwood,  treble  the  value  thereof. 

Sec.  2.  If  any  person  shall  cut  out  or  alter  the  mark  of  any  mill 
log,  or  saw  or  cut  into  any  lumber  or  any  log  not  his  own  property, 
without  the  leave  of  the  owner,  or  shall  aid  therein,  he  shall  be 
liable  for  each  offence  to  the  same  penalty  affixed  in  the  precedmg 
section  to  cutting  any  tree  or  log  of  the  same  dimensions. 

Sec.  3.  If  any  person  shall  throw  down  or  leave  open  any  bar, 
gate  or  fence  belonging  to  or  enclosing  any  land  holden  in  com- 
mon, or  belonging  to  any  particular  person,  or  shall  aid  therein,  he 
shall  for  every  such  offence  forfeit  and  pay  treble  damages  to  the 
person  injured,  and  also  a  sum  not  exceeding  fifteen  dollars, 
according  to  the  aggravation  of  the  offence. 

Sec.  4.  If  any  person  shall  dig  up  or  carry  away  any  stone,  ore, 
gravel,  clay  or  sand,  turf  or  mould  belonging  the  proprietors  of  any 


CHAP.  208] 


TRUSTEE  PROCESS. 


417 


common  lands,  or  to  any  particular  person,  or  shall  aid  therein,  he 
shall  for  every  such  offence  forfeit  the  same  sum  as  is  prescribed  in 
the  preceding  section. 

Sec.  5.  In  any  case  which  may  arise  under  the  preceding  sec- 
tions, the  plaintiff  may  proceed  as  at  common  law,  or  the  plaintiff, 
his  agent  or  attorney  may  make  oath  that  certain  acts  set  forth  in 
the  declaration,  have  been  committed,  and  that  he  suspects  that 
the  defendant  committed  such  acts,  and  the  court  upon  such  and 
other  evidence  to  be  offered  by  the  plaintiff,  may  award  him 
damages  and  costs  as  aforesaid,  unless  the  defendant  shall  acquit 
himself  upon  oath,  to  be  administered  by  the  court,  in  which  case 
he  shall  recover  of  the  plaintiff  double  costs. 

Sec.  6.  If  any  person,  without  leave  of  the  State,  shall  enter 
into  or  take  possession  of  any  waste  lands  unappropriated  and  be- 
longing to  this  State,  and  shall  continue  in  possession  thereof  with- 
out color  of  right  for  the  space  of  three  months,  he  shall  forfeit  for 
such  offence  one  hundred  dollars,  to  be  recovered  by  indictment, 
one  half  to  the  use  of  the  State  and  the  other  half  to  the  use  of  the 
complainant. 

Sec.  7.  No  possession  obtained  or  held  as  aforesaid,  shall  be  of 
any  avail  in  law  in  favor  of  such  possessor. 

Sec  8.  If  any  person  shall  wilfully  cut,  fell,  destroy,  injure,  or 
carry  away  any  pine  or  other  timber  trees  standing  or  growing  on 
any  tract  of  land  within  this  State,  without  leave  of  the  owner 
thereof,  or  shall  be  accessory  thereto,  he  shall  be  liable  to  the  person 
injured,  in  a  sum  equal  to  five  times  the  value  of  all  the  trees  so 
cut,  felled,  destroyed,  injured  or  carried  away. 

Sec  9.  No  prosecution  for  any  trespass  under  this  chapter  shall 
be  sustained,  unless  commenced  within  two  years  from  the  com- 
mission thereof. 


CHAPTER  308. 


OF  FOREIGN  ATTACHMENT  OR  THE  TRUSTEE  PROCESS. 


Section 

1.  Trustee  process,  when  brought. 

2.  "  "         how  brought. 

3.  Service  of  trustee  writs. 

4.  New  trustees  inserted  before  service 

on  defendant. 

5.  Trustee,  when  defaulted. 

6.  Continuance,  when  allowed. 

7.  Liability  of  trustee,  how  tried. 

8.  Trustee,  when  liable,  and  how. 

63 


Section 

9.  Not  liable,  for  earnings  of  wife. 

10.  Liability  for  debt  not  yet  due. 

11.  "        "    goods  in  his  hands. 

12.  "  "       "      contracted. 

13.  Creditor  to  be  agent  to  receive. 

14.  Liability  for  neglect  to  deliver. 

15.  "  "    note,  order,  i&c. 

16.  "  "    property  under  lien. 

17.  "  "    refusal  to  deliver. 


418 


TRUSTEE    PROCESS. 


[title  XXIV. 


Section 

18.  Liability  on  negotiable  note. 

19.  "  how  determined. 

20.  Debtor  refusing  to  appear,  penalt}'. 

21.  Answer  not  evidence  on  indictment, 

except  for  perjury. 

22.  If  property  claimed  by  another. 

23.  Corporation  liable  as  trustee. 

24.  If  trustee  dies  before  disclosure. 

25.  Commissioner  appointed,  when. 

26.  If  trustee  about  to  leave  the  State, 

disclosure  may  be  taken. 

27.  Disclosure  taken  in  vacation,  how. 

28.  Trial  by  jury  allowed,  how. 

29.  Verdict  of  jury,  judgment  and  costs. 


Section 

30.  Judgment  against  trustee,  what. 

31.  If  defendant  has  had  no  notice. 

32.  If  collusion  between  the  parties. 

33.  If  trustee  is  fraudulent,  costs. 

34.  Holding  property  fraudulently,  costs 

allowed,  how. 

35.  If  delaying,  creditor  to  pay  costs. 

36.  ArlBwers  of  trustee  to  be  several. 

37.  Executions,  how  to  be  issued. 

38.  Judgment  against  trustee,  a  bar. 

39.  Trustee  suits  before  a  justice. 

40.  Process,  how  to  be  directed. 

41.  Plaintiff  to  file  bond,  when. 

42.  Fees  of  trustee  in  sucli  case. 


Section  1.  All  personal  actions  may  be  conrnnenced  by  the 
process  of  foreign  attachment,  or  trustee  process,  in  the  manner 
hereinafter  provided,  except  actions  of  replevin,  actions  on  the  case 
for  malicious  prosecution,  or  for  slander  or  libel,  and  actions  of 
trespass  for  assault  and  battery  and  false  imprisonment. 

Sec.  2.  All  such  actions  shall  be  brought  in  the  same  county  in 
which  they  would  have  been  brought,  if  no  trustee  were  sum- 
moned therein,  except  as  is  hereinafter  provided. 

Sec.  3.  The  trustee  writ  shall  be  an  attachment  and  summons, 
and  shall  be  served  upon  the  trustee  and  upon  the  principal  defend- 
ant in  the  same  manner  as  writs  of  summons,  and  the  property  of 
the  principal  defendant  may  be  attached  thereon. 

Sec.  4.  The  plaintiff  may  insert  the  names  of  as  many  persons 
as  trustees  as  he  may  deem  necessary,  at  any  time  before  the  pro- 
cess is  served  upon  the  principal  defendant,  but  not  after. 

Sec.  5.  If  such  trustee  do  not  appear  at  the  term  of  the  court  to 
which  such  process  duly  served  on  him,  is  returnable,  or  if  contin- 
ued, at  the  term  to  which  it  shall  be  so  continued,  his  default  shall 
be  recorded,  and  the  charge  of  his  having  in  his  possession  money, 
goods,  chattels,  rights  or  credits  of  the  principal  defendant  to  the 
amount  alleged  in  such  process,  shall  be  deemed  to  be  true,  and 
judgment  shall  be  rendered  and  execution  issue  against  the  trustee, 
his  proper  goods  and  estate  for  such  amount  as  the  plaintiff  shall 
recover  against  the  principal  defendant  in  such  process,  but  not 
exceeding  the  amount  so  alleged  in  such  process  as  aforesaid. 

Sec.  6.  If  any  trustee  shall  not  be  able  to  attend  in  person,  at 
the  term  of  the  court  to  which  said  process  is.  returnable  or  may  be 
continued,  or  shall  have  other  good  and  sufficient  cause,  a  continu- 
ance may  be  granted  upon  such  terms  as  the  court  may  order. 

Sec.  7.  Every  person  summoned  as  trustee  as  aforesaid,  may  be 
put  to  answer  interrogatories  as  to  his  liability  as  such  trustee, 
which  interrogatories  and  answers  shall  be  in  writing,  and  sub- 
scribed and  sworn  to   in  open  court,  or  before  some  justice  of  the 


CHAP.  208.]  TRUSTEE    PROCESS.  419 

peace,  if  the  parties  agree;  or  the  question  of  his  liability  may  be 
tried  by  the  jury,  as  the  plaintiff  may  elect. 

Sec.  S.  Every  person  summoned  as  trustee  as  aforesaid,  having 
in  his  possession  any  money,  goods,  chattels,  rights  or  credits  of 
the  principal  defendant  at  the  time  of  the  service  of  such  writ  upon 
him,  or  at  any  time  after  such  service  and  before  his  disclosure, 
shall  be  adjudged  a  trustee  therefor. 

Sec  9.  No  person  summoned  as  trustee,  shall  be  charged  as  such 
on  account  of  the  personal  services  or  earnings  of  the  wife  of  the 
debtor  at  any  time,  or  on  account  of  any  labor  performed  by  the 
debtor  or  any  of  his  family  after  the  service  of  the  process,  or  with- 
in fifteen  days  prior  to  such  service. 

Sec.  10.  When  the  trustee  is  indebted  to  the  principal  defend- 
ant, and  the  time  of  payment  has  not  expired,  the  court  may  sus- 
pend issuing  execution  against  such  trustee  as  justice  may  require. 

Sec.  11.  If  the  trustee  has  any  goods  or  chattels  of  the  principal 
defendant  in  his  possession,  not  subject  to  any  lien,  judgment  shall 
be  rendered  and  execution  issue  against  the  trustee  therefor,  or  for 
so  much  thereof  as  may  be  necessary  to  satisfy  such  execution. 

Sec  12.  If  the  trustee  is  under  contract  for  the  delivery  of  any 
specific  article  or  articles  to  the  principal  defendant,  or  payment  in 
any  articles,  judgment  shall  be  rendered  and  execution  issued 
against  the  trustee  for  such  articles,  or  so  much  thereof  as  may  be 
necessary  to  satisfy  such  execution,  which  shall  be  paid  and  deliv- 
ered to  the  creditor  according  to  such  contract. 

Sec  13.  The  creditor  shall  be  the  agent  of  the  principal  defend- 
ant for  the  purpose  of  receiving  the  goods,  chattels  or  articles  men- 
tioned in  the  two  sections  preceding,  and  shall  levy  his  execution 
thereon  to  the  amount  of  his  debt  and  cost,  and  no  more ;  but  if 
no  division  of  such  goods,  chattels  or  articles  can  be  made,  the 
whole  may  be  sold.  The  property  unsold  and  the  overplus  of  the 
proceeds  of  the  property  sold,  shall  be  retained  by  the  officer  to  be 
delivered  to  the  debtor  whenever  he  shall  demand  the  same. 

Sec  14.  If  any  person  adjudged  trustee  for  any  goods,  chattels 
or  other  property  whatever,  shall  refuse  to  expose  the  same  so  that 
the  creditor  may  levy  his  execution  thereon,  the  court  shall,  on 
return  thereof  made  by  any  officer,  grant  a  rule  upon  such  trustee 
to  show  cause  why  execution  should  not  issue  against  such  trustee, 
his  own  goods  and  estate  ;  and  upon  such  rule  being  duly  served 
and  no  sufficient  cause  shown  to  the  contrary,  judgment  shall  be 
rendered  and  execution  issued  against  him  for  such  sum  as  the 
court  may  think  just  and  proper. 

Sec  15.  If  upon  the  disclosure  of  any  person  summoned  as 
trustee  in  the  court  of  common  pleas,  or  upon  the  trial  of  an 
issue  between  him  and  the  plaintiff,  it  shall  appear  that  such  per- 
son had  in  his  possession,  at  the  time  of  the  service  of  the  pro- 
cess upon  him  or  afterwards,  any  promissory  note,  order,  receipt, 
bill  of  exchange,  bond  or  other  promise  for  the  payment  of  money 


420  TRUSTEE    PROCESS.  [tITLE  XXIV. 

or  the  delivery  of  property  belonging  to  the  principal  defendant, 
the  court  may  appoint  a  receiver  whose  duty  it  shall  be,  under  the 
direction  of  the  court,  to  collect  and  apply  the  proceeds  to  the  pay- 
ment of  the  debt  and  costs  recovered  by  the  plaintiff  against  the 
principal  debtor,  and  to  pay  tlie  surplus,  if  any,  to  such  debtor. 

Sec.  1G.  If  it  shall  appear  as  aforesaid  that  the  person  sum- 
moned as  trustee,  had  in  his  possession,  at  the  time  of  the  service 
of  such  process  or  afterwards,  any  personal  property  of  the  princi- 
pal defendant,  and  that  the  same  is  subject  to  any  pledge,  lien  or 
mortgage,  and  at  the  time  of  the  disclosure  has  not  been  sold  by 
the  trustee,  the  court  may  appoint  a  receiver  whose  duty  it  shall 
be,  under  the  direction  of  the  court,  to  dispose  of  the  same,  if  a 
greater  amount  than  the  sum  due  can  be  obtained  therefor,  and 
after  paying  the  amount  of  such  pledge,  lien  or  mortgage,  to  apply 
the  balance  as  aforesaid. 

Sec  17.  If  the  person  so  summoned  as  trustee,  shall  refuse  in 
either  of  the  cases  specified  in  the  two  preceding  sections,  to  de- 
liver any  such  note,  order,  receipt,  bill,  bond,  promise  or  other  pro- 
perty, on  the  order  of  the  court,  he  shall  be  charged  as  trustee  for 
the  amount  thereof,  and  judgment  be  rendered  and  execution 
issued  accordingly. 

Sec.  18.  If  any  person  summoned  as  trustee  as  aforesaid,  is  in- 
debted, at  the  time  of  the  service  of  such  process  or  afterwards,  to 
such  debtor  by  a  negotiable  promissory  note  made  or  payable  in 
this  State,  or  the  parties  to  which  at  the  time  of  making  the  same 
resided  in  this  State,  the  court  may  make  a  rule  requiring  such 
debtor  to  appear  and  answer  on  oath  all  interrogatories  respecting 
the  possession,  transfer  or  other  disposition  of  such  note,  and  a 
rule  or  order  of  notice  to  be  served  upon  any  individual  or  pub- 
lished in  some  newspaper,  for  the  information  of  any  person  who 
may  claim  an  interest  in  said  note,  so  that  such  person  may  appear 
and  show  that  the  same  was  transferred  to  him  in  good  faith,  and 
for  an  adequate  consideration,  before  the  service  of  such  trustee 
process ;  and  the  question  whether  the  same  was  so  transferred  to 
him,  shall  be  decided  by  the  jury,  if  he  or  the  plaintiff  request  it. 

Sec.  19.  If  it  shall  not  appear  that  the  note  was  so  transferred, 
the  promisor  shall  be  charged  as  the  trustee  of  such  debtor,  and 
the  payment  of  the  judgment  rendered  against  him,  shall  be  a 
discharge  from  the  note  or  from  such  part  thereof  as  is  equal  to 
the  amount  so  paid  by  him,  together  with  all  costs  taxed  in  his 
favor. 

Sec  20.  If  any  such  debtor  shall  refuse  to  appear,  upon  such 
order  of  court,  he  may  be  arrested  and  brought  into  court  upon  a 
capias  and  fined  not  exceeding  fifty  dollars,  and  if  he  shall  refuse 
to  answer,  may  be  proceeded  against  as  for  a  contempt  of  court. 

Sec  21.  No  answer  or  disclosure  of  any  person,  or  any  other 
proceedings  under  the  provisions  of  this  chapter  shall  be  used  in 
evidence  upon  any  criminal  prosecution  against  such  person,  except 


CHAP.  208.]  TRUSTEE    PROCESS.  421 

upon  an  indictment  of  the  trustee  for  perjury  in  the  making  of 
such  answer  or  disclosure. 

Sec.  22.  If  any  person  shall  claim  any  money,  goods,  chattels, 
rights  or  credits,  or  other  property  as  aforesaid,  in  the  hands  of  any 
supposed  trustee,  by  assignment  from  the  debtor  or  otherwise,  the 
court  may  permit  or  cause  him  to  appear  and  maintain  his  right. 
The  testimony  of  the  debtor  or  of  any  competent  witness  may  be 
taken  in  such  manner  as  the  court  shall  direct,  and  filed  with  or 
appended  to  the  disclosure  of  the  trustee,  and  the  court  may  award 
such  costs  between  such  claimant,  the  creditor  and  trustee,  as  jus- 
tice and  equity  may  require. 

Sec.  23.  Any  corporation  may  be  summoned  as  trustee,  and 
may  appear  and  answer  by  its  treasurer,  cashier,  or  such  other  offi- 
cer or  officers  as  such  corporation  shall  appoint  or  the  court  shall 
direct ;  and  the  examination  on  oath  of  such  officers  shall  be 
deemed  to  be  the  answer  of  the  corporation. 

Sec.  24.  If  any  person  summoned  as  trustee,  shall  die  before 
disclosure  made  or  before  judgment,  his  executor  or  administrator 
may  come  in  or  be  summoned  in  to  become  a  party  to  such  action, 
as  in  other  cases,  and  shall  be  liable  in  the  same  manner  as  if  said 
action  had  been  originally  commenced  against  such  executor  or 
administrator. 

Sec.  25.  Upon  the  motion  of  either  party,  the  court  may  ap- 
point a  commissioner  to  take  the  disclosure  of  any  trustee,  and  if 
upon  due  notice,  such  trustee  shall  neglect  or  refuse  to  appear  be- 
fore such  commissioner  or  to  answer  all  proper  interrogatories,  on 
oath,  the  commissioner  shall  report  such  neglect  or  refusal  to  the 
court,  who  may  thereupon  enter  judgment  against  such  trustee  as 
upon  default,  or  order  such  further  proceedings  and  upon  such 
terms  as  may  be  just  and  reasonable. 

Sec  26.  If  any  person  summoned  as  trustee,  is  about  to  leave 
the  State  to  be  absent  beyond  the  next  term  of  the  court  to  which 
the  trustee  process  is  returnable,  or  for  other  sufficient  cause  may 
not  be  able  to  attend  court,  and  either  party  desires  that  his  disclo- 
sure shall  be  taken,  application  in  writing  may  be  made  to  any  jus- 
tice of  the  peace  for  that  purpose,  stating  the  cause  thereof. 

Sec  27.  Such  justice  shall,  if  he  deems  the  cause  sufficient, 
cause  such  notice  to  be  given  to  the  adverse  party  as  is  given  in 
the  case  of  depositions,  and  may,  at  the  time  and  place  of  hearing, 
proceed  to  take  such  disclosure,  which  shall  be  by  written  interro- 
gatories and  answers,  and  signed  and  sworn  to  by  said  trustee. 
Upon  the  return  of  any  such  disclosure  into  court,  judgment  may 
be  rendered  thereon,  or  such  further  proceedings  had  as  equity  may 
require. 

Sec  28.  Upon  disclosure  made  by  any  person  summoned  as 
trustee,  the  creditor  may  move  the  court  that  the  question  whether 
such  person  is  trustee  or  not,  be  tried  by  the  jury ;  and  upon  pay- 
ment of  the  trustee's  costs  up  to  the  time  of  filing  such  motion, 


422  TRUSTEE    PROCESS.  [TITLE  XXIV. 

unless  the  court  shall  restrict  the  same,  an  order  shall  be  made  and 
an  issue  framed  for  the  trial  of  such  question  ;  and  on  such  trial 
the  disclosure  so  made  and  any  other  competent  evidence  may  be 
offered,  and  judgment  shall  be  rendered  on  the  verdict  as  in  other 
cases  against  trustees.  In  any  such  case  the  debtor  may  be  a 
competent  witness. 

Sec.  29.  If,  on  such  trial,  judgment  shall  be  rendered  against 
the  trustee  for  a  greater  amount  or  for  other  property  than  he 
would  have  been  chargeable  for  on  his  disclosure,  judgment  shall 
be  rendered  against  him  for  costs  also,  including  costs  so  paid  him 
as  aforesaid ;  otherwise  the  trustee  shall  recover  his  costs. 

Sec.  30.  When  any  person  shall  be  adjudged  a  trustee  of  any 
debtor  as  aforesaid,  except  where  it  is  otherwise  specially  provided, 
judgment  shall  be  rendered  and  execution  issue  against  such  trus- 
tee, his  own  goods  and  estate  therefor,  or  for  so  much  thereof  as 
will  satisfy  the  judgment  obtained  against  the  principal  defendant, 
in  the  same  manner  as  if  such  suit  were  brought  against  him  per- 
sonally ;  but  no  jvidgment  shall  be  rendered  against  the  trustee  or 
against  the  principal  defendant,  unless  such  defendant  has  been 
duly  summoned  or  notified  of  such  suit. 

Sec  31.  If  any  person  summoned  as  trustee,  is  chargeable  as 
such,  and  the  principal  defendant  has  had  no  personal  notice  of 
such  suit,  the  trustee  may  appear  and  defend  such  suit  for  such 
defendant,  and  may  have  a  continuance  for  the  purpose  of  notify- 
ing such  defendant,  upon  such  terms  as  the  court  shall  order,  and 
such  costs  shall  be  awarded  for  or  against  such  trustee  as  equity 
may  require. 

Sec  32.  If  it  shall  appear  to  the  court  that  there  is  fraud  and 
collusion  between  the  creditor  and  trustee,  the  court  may  refuse  to 
admit  such  trustee  to  appear  and  defend  as  aforesaid,  or  may  order 
such  notice  to  be  given  to  the  debtor  as  will  be  most  likely  to  be  ef- 
fectual, or  proper  security  to  be  filed  for  the  protection  of  the  rights 
of  such  defendant,  before  judgment  shall  be  rendered  against  him. 

Sec.  33.  When  real  estate  shall  be  attached  on  any  such  process, 
any  person  summoned  as  trustee  in  such  process,  may  be  required 
to  disclose  the  grounds  of  his  claim,  if  any  he  have,  to  the  same  ; 
and  if  it  shall  appear  on  the  disclosiue  that  it  was  conveyed  to 
him,  to  prevent  its  being  seized  on  mesne  process  or  execution 
against  the  principal  debtor,  or  for  the  purpose  of  delaying  or  de- 
frauding any  creditor,  or  that  he  holds  the  same  by  a  title  appa- 
rently absolute,  but  which  is  in  fact  on  any  trust  for  such  debtor 
or  other  person,  judgment  shall  be  rendered  against  such  trustee  for 
costs. 

Sec  34.  Whenever  it  shall  appear  that  any  person  summoned  as 
trustee,  has  received  the  property  of  the  principal  defendant,  or 
holds  any  bill  of  sale  or  other  conveyance  from  him,  or  has  done 
any  act  in  relation  thereto,  with  intent  to  aid  him  in  defeating  or 
delaying  any  creditor,  costs  shall  be  taxed  against  such  trustee. 


CliAP.  208.]  TRUSTEE    PROCESS.  423 

Sec.  35.  In  all  cases  where  the  trustee  has  not  been  guilty  of 
fraud  or  unnecessary  delay,  he  shall  be  entitled  to  iiis  costs  ;  and 
the  court  may  order  the  same  to  be  deducted  from  the  amount  for 
which  such  trustee  is  adjudged  chargeable,  or  may  render  judgment 
and  issue  execution  therefor,  or  make  such  order  touching  the  same 
as  equity  may  require. 

Sec.  36.  Two  or  more  persons  severally  liable  may  be  summon- 
ed as  trustees  in  the  same  process,  and  their  disclosures  and  all 
other  proceedings  shall  be  several,  and  judgment  shall  be  rendered 
for  such  sum  as  the  court  shall  order  for  or  against  each  severally, 
and  execution  shall  issue  therefor  accordingly. 

Sec.  37.  Execution  may  be  issued  by  the  court  against  the  prin- 
cipal defendant  for  any  balance  due  to  the  plaintiff,  on  his  judgment 
recovered  against  such  defendant  in  any  trustee  suit,  beyond  the 
amount  for  which  the  trustee  or  trustees  in  such  suit  are  charge- 
able, and  further  executions  may  be  issued  from  time  to  time  against 
such  defendant  or  any  trustee,  as  the  court  may  order,  until  such 
judgment  shall  be  satisfied  in  full. 

Sec.  38.  Any  money,  goods,  chattels,  rights  or  credits  or  any 
property  of  any  description  of  any  debtor,  taken  by  the  provisions 
of  this  chapter  out  of  the  possession  of  any  trustee,  shall  fully  dis- 
charge such  trustee,  his  executors  or  administrators  from  all  actions 
or  causes  of  action  in  favor  of  such  debtor,  his  executors  or  adminis- 
trators ;  and  if  any  such  trustee  shall  be  sued  therefor,  or  for  any 
thing  done  by  virtue  of  the  provisions  of  this  chapter,  he  may  plead 
the  general  issue  and  give  the  special  matter  in  evidence  under  it. 

Sec.  39.  Any  trustee  process  may  be  brought  and  maintained 
before  any  justice  of  the  peace,  where  the  sum  demanded  in  dam- 
ages shall  not  exceed  thirteen  dollars  and  thirty-three  cents,  and  all 
the  several  provisions  in  this  chapter  contained,  not  restricted  to 
the  court  of  common  pleas,  so  far  as  the  same  are  applicable  to 
and  not  inconsistent  with  process  before  a  justice  of  the  peace, 
shall  be  deemed  to  apply  thereto. 

Sec,  40.  If  any  trustee  named  in  any  such  process,  resides  out 
of  the  county  in  which  the  same  is  brought,  the  writ  and  any  exe- 
cution issued  against  such  trustee,  shall  be  directed  to  the  sheriff 
of  any  county  in  this  State,  or  his  deputy,  or  to  any  constable  of 
the  town  in  which  such  trustee  resides. 

Sec.  41.  When  the  trustee  in  any  such  suit  resides  out  of  the 
county  in  which  the  process  is  brought,  the  plaintiff  shall  file  a 
bond,  to  be  approved  by  the  justice  before  whom  the  suit  is  brought, 
and  in  such  sum  as  he  shall  order,  running  to  such  trustee  and  con- 
ditioned to  pay  all  costs  which  such  trustee  may  recover  in  such 
suit,  which  bond  shall  be  filed  with  such  justice,  and  a  minute 
thereof  made  on  such  writ  and  signed  by  him  before  the  service 
of  such  writ  on  any  such  trustee. 

Sec.  42.  The  fees  of  every  trustee  in  any  court  for  actual  ne- 
cessary attendance  as  trustee,  shall  be  the  same  as  that  of  a  witness. 


424 


ACTIONS    AGAINST    TENANTS.  [TITLE  XXIV. 


CHAPTER  309. 


OF  THE  ACTION  AGAINST  TENANTS. 


Section 

1.  Leases  at  will,  how  determined. 

2.  Notice,  what  is  sufficient. 

3.  Notice  on  breach  of  condition. 

4.  Notice  to  tenant  holding  over. 

5.  Leases  at  will,  what  are  deemed. 

6.  Lessee  may  give  notice  to  quit. 

7.  Possession  of  premises,  how  recovered 

of  lessee  or  occupant. 

8.  Summons,  form  of,  in  such  case. 

9.  Summons,  how  served. 

10.  Judgment  on  default  or  issue  for  plain- 

tiff, what  to  be. 

11.  Writ  of  possession,  form  of. 


Section 

12.  Judgment  for  defendant,  when. 

13.  Evidence  of  title  not  admissible  un- 

der the  general  issue. 

14.  Recognizance  on  plea  of  title. 

15.  Neglect  to  recognize,  judgment. 

16.  Action  to  be  entered  in  C.  C.  P. 

17.  Either  party  may  appeal,  when. 

18.  Recognizance  of  plaintiff,  how. 

19.  Recognizance  of  defendant,  how. 

20.  Proceedings  on  appeal. 

21.  Judgment  affirmed,  when. 

22.  Common  law  remedy  not  affected 


Section  1.  Any  lessor  or  owner  of  any  lands  or  tenements,  may 
at  any  time  determine  any  lease  at  will  or  tenancy  at  sufferance, 
by  giving  to  the  tenant  or  occupant  a  notice  in  writing  to  quit  the 
same  at  a  day  therein  named. 

Sec  2.  If  any  tenant  or  occupant  neglects  or  refuses  to  pay  the 
rent  due  and  in  arrear,  upon  demand,  seven  days'  notice  shall  be 
sufficient.  If  the  rent  is  payable  more  frequently  than  once  in 
three  months,  whether  such  rent  is  due  or  not  due,  thirty  days'  no- 
tice shall  be  sufficient,  and  three  months'  notice  shall  be  sufficient 
in  all  cases. 

Sec.  3.  If  any  lessee  shall  violate  the  condition  of  any  written 
lease,  notice  to  quit  at  the  end  of  seven  days  shall  be  sufficient  and 
equivalent  to  an  entry  for  condition  broken. 

Sec.  4.  If  any  lessee  shall  hold  over  after  the  expiration  of  a 
definite  written  lease,  seven  days'  notice  shall  be  sufficient. 

Sec.  5.  Every  tenancy  or  occupancy  shall  be  deemed  to  be  at 
will  and  the  rent  payable  upon  demand,  unless  a  different  contract 
is  shown. 

Sec  6.  Any  lessee  may  terminate  his  lease  by  notice  in  writing 
in  the  same  manner  as  the  lessor,  and  such  notice  shall  have  the 
same  effect  for  all  purposes  as  a  notice  by  the  lessor  to  the  lessee. 

Sec  7.  The  owner  or  lessor  of  any  tenement  or  real  estate  may 
recover  possession  thereof,  against  any  lessee  or  occupant  holding 
the  same  without  right,  after  a  notice  to  quit  the  same,  in  the 
manner  herein  prescribed. 

Sec  8.  A  writ  of  summons  may  be  issued  returnable  before  a 
justice,  which  shall  set  forth  in  substance,  that  the  plaintiff  is 
entitled  to  the  possession  of  the  demanded   premises,  and  that  the 


CHAP.  209.]  ACTIONS    AGAINST    TENANTS.  425 

defendant  is  in  possession  of  the   same  without  right,  after  notice 
in  writing  to  quit  the  same. 

Sec.  9.  Such  writ  shall  be  served  seven  days  before  the  return 
day  thereof,  in  the  same  manner  as  other  writs  of  summons  should 
by  law  be  served. 

Sec.  10.  If  the  defendant  shall  make  default,  or  if,  on  trial,  it 
shall  be  considered  by  the  justice  that  the  plaintiff  has  sustained 
his  complaint,  judgment  shall  be  rendered  that  the  plaintiff  recover 
possession  of  the  demanded  premises  and  costs. 

Sec.  11.  A  writ  of  possession  shall  be  thereupon  issued  by  said 
justice,  substantially  in  the  form  prescribed  by  law  in  the  case  of 
like  writs  issued  by  the  court  of  common  pleas. 

Sec.  12.  If  the  plaintiff  shall  neglect  to  enter  his  action  or  to 
support  the  same,  judgment  shall  be  rendered  for  the  defendant  for 
his  costs. 

Sec.  13.  Under  the  general  issue,  the  defendant  shall  not  be 
allowed  to  offer  any  evidence  which  may  bring  the  title  to  the 
demanded  premises  in  question. 

Sec.  14.  If  the  defendant  shall  plead  any  plea  which  may  bring 
in  question  the  title  to  the  demanded  premises,  he  shall  recognize 
to  the  plaintiff,  with  sufficient  sureties,  in  such  sum  as  the  justice 
shall  order,  to  enter  and  prosecute  said  action  at  the  next  court  of 
common  pleas  for  the  county,  and  to  pay  all  rent  then  due  or  which 
shall  become  due,  pending  said  action,  and  the  damages  and  costs 
which  may  be  awarded  against  him. 

Sec  15.  If  the  defendant  shall  neglect  or  refuse  so  to  recognize, 
judgment  shall  be  rendered  against  him  in  the  same  manner  as 
if  he  had  refused  to  make  answer  to  the  suit. 

Sec  16.  After  the  filing  of  such  plea  and  the  entry  of  such 
recognizance,  no  further  proceedings  shall  be  had  before  such  jus- 
tice, but  the  action  may  be  entered  and  prosecuted  in  the  court 
of  common  pleas,  in  the  same  manner  as  if  it  were  originally  com- 
menced there. 

Sec  17.  Any  party  aggrieved  by  the  judgment  of  any  justice 
upon  issue  joined  in  such  case,  may,  within  two  hours  after  the 
rendition  of  such  judgment,  appeal  to  the  next  coiu't  of  common 
pleas  for  the  county. 

Sec  18.  The  plaintiff,  before  his  appeal  is  allowed,  shall  recog- 
nize to  the  defendant,  with  sufficient  sureties,  iu  such  sum  as  the 
justice  may  order,  to  enter  and  prosecute  his  appeal  and  to  pay 
such  costs  as  may  be  awarded  against  him. 

Sec  19.  The  defendant,  before  his  appeal  is  allowed,  shall 
recognize  to  the  plaintiff,  with  sufficient  sureties,  in  such  sum  as 
the  justice  may  order,  to  enter  and  prosecute  his  appeal  and  to  pay 
all  rent  then  due  or  which  may  become  due,  pending  such  suit, 
and  such  damages  and  costs  as  may  be  awarded  against  him. 

Sec  20.   The  party  appealing  shall  produce  certified  copies  of 
the  whole  case  at  the  court  appealed  to,  and  either  party  may  there 
54 


426 


REFERENCES. 


[title    XXIV. 


oflfer  any  evidence  in  the  same  manner  as  if  the  cause  had  been 
originally  commenced  there. 

Sec.  21.  If  the  appellant  shall  neglect  to  enter  his  appeal  or  to 
produce  such  copies,  the  court,  on  complaint  of  the  appellee,  shall 
affirm  the  former  judgment  with  additional  damages  and  costs. 

Sec.  22.  Nothing  in  this  chapter  shall  be  construed  to  prevent 
any  landlord  from  pursuing  his  legal  remedv  at  common  law. 


CHAPTER  SIO. 

OF  REFERENCES  OF  DISPUTES  BY  CONSENT,  AND  CONFESSIONS 
OF  DEBT  BEFORE  A  JUSTICE  OF  THE  PEACE. 


Section 

1 .  References,  when  allowed. 

2.  Form  of  agreement  to  refer. 

3.  Agreement  to  be  acknowledged. 

4.  Reference  of  specific  demand,  mode. 

5.  Reference  of  all  demands,  mode. 

6.  Submission  not  to  be  revoked. 

7.  Hearing  may  be  fixed  by  parties. 

8.  Award,  how  to  be  made. 

9.  Powers  of  referees,  and  oaths. 

10.  Report  returned  to  court,  how. 

11.  Award,  when  to  be  made  public. 


Section 

12.  Report  accepted  by  court  or  recom- 

mitted, and  proceedings. 

13.  Powers  of  the  court  in  such  case. 

14.  Fees  of  justices,  referees,  &c. 

15.  Costs,  how  allowed  by  referees. 

16.  If  amount  under  $200,  justice  may 

issue  execution  on  report. 

17.  Confession  of  debt  regulated. 

18.  Record  to  be  made  by  justice. 

19.  Executions  therefor,  how  served. 


Section  1.  All  controversies  which  may  be  the  subject  of  a  per- 
sonal action,  may  be  submitted  to  one  or  more  referees  in  the  mode 
prescribed  in  this  chapter. 

Sec  2.  The  parties  may  appear  personally  or  by  attorney  before 
any  justice  of  the  peace  in  the  county  in  which  either  of  the 
parties  resides,  and  there  sign  and  acknowledge  an  agreement  in 
substance  as  follows : 

"  Know  all  men  by  these  presents,  that  of  in  the 

county  of  and  State  of  and  of  in  the 

county  of  and  State  of  have  agreed  to  submit  the 

demand  made  by  the  said  against  the  said  which  is 

hereto  annexed,  (or,  "and  all  other  demands  betAveen  said  parties," 
as  the  case  may  be,)  "  to  the  determination  of  the  report 

of  whom,  or  the  major  part  of  whom,  being  made  as  soon  as  may 
be  to  the  court  of  common  pleas  for  the  said  county  of 
judgment  thereon  shall  be  final.     And  if  either  party  shall  neglect 
to  appear  before  said  referees,  after  proper  notice  given  to  them 


OHAP.  210.]  REFEREiNCES.  427 

of  the  time  and  place  appointed  by  the  referees  for  hearing   the 
parties,  the  referees  may  proceed  in  his  absence. 
Dated  this  day  of  in  the  year  18      ." 

Sec.  3.  Said  agreement  having  been  signed  by  each  of  the 
parties,  shall  be  acknowledged  by  them  or  their  attorneys  as  their 
free  act  and  deed,  before  the  same  or  some  other  justice,  and  any 
referee,  being  a  justice,  may  take  said  acknowledgment. 

Sec.  4.  If  a  specific  demand  only  is  submitted,  it  may  be 
inserted  in  the  agreement,  or  the  same  shall  be  signed  by  the  party 
making  it  and  annexed  to  the  agreement,  and  such  demand  shall 
be  as  particular  in  stating  the  substance  of  the  claim  in  controversy, 
as  the  nature  of  the  case  will  admit. 

Sec.  5.  If  all  demands  between  the  parties  are  submitted  to  the 
referees,  no  specific  demand  need  be  annexed  to  the  agreement. 

Sec.  6.  Neither  party  shall  have  power  to  revoke  the  submission 
without  the  consent  of  the  other. 

Sec  7.  The  parties,  if  so  disposed,  may  agree  upon  and  fix  in 
said  agreement  the  time  and  place  for  the  hearing,  for  making  an 
award  thereon,  and  may  vary  the  form  accordingly. 

Sec  8.  All  the  referees  must  meet  and  hear  the  parties,  unless 
the  parties  otherwise  agree,  but  a  majority  may  make  an  award, 
and  their  report  shall  be  as  valid  as  though  signed  by  all  the 
referees.  It  shall  appear  on  the  face  of  the  award,  or  by  the  cer- 
tificate of  the  dissenting  referee,  that  all  of  them  attended  and 
heard  the  parties,  unless  the  parties  shall  waive  the  same  in  writing 
on  said  agreement. 

Sec  9.  The  referees  shall  have  the  same  authority  as  those 
appointed  by  rule  of  court,  and  any  one  of  them  may  administer 
an  oath  to  witnesses  in  the  cause. 

Sec.  10.  The  report  of  the  referees  shall  be  delivered  by  one 
of  the  referees  to  the  court  to  which  the  same  is  to  be  returned, 
according  to  the  agreement ;  or  it  shall  be  sealed  up  by  them  and 
transmitted  to  such  court,  and  remain  sealed  until  opened  by  the 
clerk  in  open  court. 

Sec  11.  If  the  parties  agree,  the  referees  may  make  known 
their  determination  prior  to  its  being  returned  to  the  court  as  afore- 
said, and  if  the  parties  agree  to  settle  their  dispute  accordingly, 
said  report  need  not  be  returned  to  court. 

Sec  12.  The  court  to  which  any  such  report  is  made,  may 
accept,  reject  or  recommit  the  same  for  further  consideration  ;  and 
the  referees,  upon  any  recommitment,  shall  appoint  a  time  and 
place  for  a  new  hearing  and  give  the  parties  notice  thereof,  and  the 
proceedings  thereupon  shall  be  the  same  as  in  the  original  hear- 
ing. 

Sec  13.  The  court  shall  have  the  same  cognizance  of  any  such 
report  of  referees,  as  they  would  have  if  such  report  were  made 
by  referees  appointed   under  a  rule    from    said  court   in  a    case 


428  REFEUENCKS.  [tITLE    XXIV. 

pending  therein,  and  may  render  judgment  and  issue  execution 
thereon. 

Sec.  14.  The  fees  of  the  justice  for  making  and  taking  the 
acknowledgment  of  such  agreement  shall  be  fifty  cents,  to  be  paid 
by  the  party  making  the  demand,  and  charged  in  the  bill  of  costs. 
The  entry  and  all  other  fees  shall  be  the  same  as  in  suits  in  the 
same  court. 

Sec.  15.  The  referees  may  allow  such  costs  as  they  may  deem 
reasonable,  unless  restricted  by  the  submission,  and  subject  to  the 
revision  of  the  court  for  good  cause  shown. 

Sec.  16.  In  any  case  contained  in  the  first  section  of  this  chap- 
ter, the  parties  may  enter  into  an  agreement  to  submit  the  same  to 
referees  as  herein-before  provided,  and  that  the  report  of  such 
referees  shall  be  made  to  such  justice  and  judgment  by  him  ren- 
dered thereon,  in  which  case  the  form  of  said  agreement  may  be 
varied  accordingly.  The  referees  shall  proceed  in  the  manner 
and  possess  the  same  powers  as  is  herein-before  provided,  and 
the  justice,  upon  receiving  such  report,  shall  render  judgment  and 
issue  execution  thereon  for  damages  and  costs. 

Sec.  17.  Any  person  may  voluntarily  appear  before  any  justice 
of  the  peace  in  the  county  in  which  he  resides,  and  confess  that 
he  is  indebted  to  any  other  person  in  a  sum  not  exceeding  two 
hundred  dollars,  and  consent  that  a  record  thereof  be  made  and 
execution  issue  accordingly,  or  be  stayed,  as  said  parties  shall 
agree  ;  and  the  justice  shall  make  a  fair  record  of  such  confession 
and  agreement,  which  shall  be  signed  by  the  debtor  and  the 
creditor  or  his  agent,  and  shall  enter  up  judgment  and  issue  execu- 
tion thereon. 

Sec.  18.  Every  justice  to  whom  any  confession  of  debt  or  report 
of  referees  is  made  as  aforesaid,  shall  keep  a  full  and  true  record 
thereof,  signed  and  certified  by  himself 

Sec.  19.  Every  execution  issued  by  any  justice  as  aforesaid,  may 
be  served  in  the  same  manner  as  if  issued  by  the  court  of  common 
pleas. 


CHAP.  211] 


FINES — PENALTIES — COSTS. 


429 


TITL.E    XXV. 

OF  FINES,  FORFEITURES,  COSTS  AND  RECOGNIZANCES. 


Chapter  211.   Of  fines,  penalties,  costs  and  recognizances. 
Chapter  212.   Of  forfeitures  of  personal  property. 


CHAPTER  311. 

OF  FINES,  PENALTIES,  COSTS  AND  RECOGNIZANCES. 


Section 

1.  Penalties  and  forfeitures,  how  recov- 

ered. 

2.  Penalties  and   forfeitures,  how  appro- 

priated. 

3.  Time  of  neglect,  how  reckoned. 

4.  Fines,  how  recovered. 

5.  Trial,  where  to  be  had. 

6.  Justice,  when  qualified  to  sit. 

7.  General  issue  may  be  pleaded,  effect. 

8.  If  private  prosecutor  neglects  to  pro- 

secute, how  prosecuted. 

9.  Limitation  of  prosecutions. 


jSection 

10.  Witness  not  disqualified  by  interest. 

11.  If  a  penalty  belongs  to  a  town,  suit, 

how  brought. 

12.  Offender   neglecting   to  perform  his 

sentence,  to  be  committed. 

13.  Fines,  how  to  be  appropriated. 

14.  Defendant,  if  guilty,  to  pay  costs. 

15.  Expenses  of  prosecution  allowed. 

16.  Upon  forfeiture  of  recognizance,  com- 

plainant indemnified. 

17.  Recognizances,  how  taken,  and  suits 

thereon. 


Section  1.  All  penalties  and  forfeitures  may  be  recovered  by 
action  of  debt  before  a  justice  of  the  peace,  if  such  penalty  or 
forfeiture  do  not  exceed  thirteen  dollars  thirty-three  cents,  other- 
wise before  the  court  of  common  pleas,  by  any  person  who  will 
sue  for  the  same,  unless  otherwise  provided  by  law. 

Sec.  2.  Every  such  penalty  and  forfeiture  shall  be  one  half  for 
the  use  of  the  county  in  which  the  offence  is  committed,  the  other 
half  for  the  use  of  the  prosecutor,  iniless  otherwise  limited  by  law. 

Sec.  3.  When  any  penalty  shall  be  imposed  by  any  law  for  any 
neglect  for  any  period  of  time,  such  neglect  may  be  alleged  to  have 
commenced  at  any  specified  time,  and  shall  be  reckoned  from  the 
time  so  alleged. 

Sec.  4.  All  fines  imposed  by  any  statute,  may  be  recovered  by 
information  or  indictment,  if  no  other  mode  of  recovery  is  specially 
provided. 

Sec  5.  All  actions,  informations  and  indictments  founded  on 
any  penal  statute,  shall  be  brought  within  the  county  in  which  the 
offence  is  committed,  and  not  elsewhere. 


430  FINES PKNALTIES COSTS.  [ifTLE  XXV. 

Sec.  6.  In  actions  for  the  recovery  of  any  penalty  before  any 
justice,  it  shall  be  no  cause  of  exception  that  such  justice  resides 
or  has  property  within  the  town  in  which  the  offence  was  commit- 
ted, or  that  the  penalty  or  any  part  thereof  may  belong  to  such 
town. 

Sec.  7.  The  defendant  in  any  such  action  may  plead  the  general 
issue,  and  under  it  give  any  special  matter  in  evidence. 

Sec  8.  If  a  fine  or  forfeiture  or  any  part  thereof  is  given  by 
any  statute  to  any  prosecutor,  and  no  person  shall  prosecute  there- 
for within  the  time  limited  by  such  statute,  an  information  may  be 
filed  or  an  indictment  be  found  therefor,  within  one  year  after 
sucli  limitation  shall  expire,  and  the  penalty  shall  accrue  to  tlie  use 
of  the  county. 

Sec  9.  All  suits  or  prosecutions  founded  upon  any  penal  statute, 
which  are  wholly  or  in  part  for  the  use  of  the  prosecutor,  shall  be 
brought  within  one  year,  and  all  other  suits  or  prosecutions  on  such 
statute,  within  two  years  after  the  commission  of  the  oflence,  un- 
less otherwise  specially  provided. 

Sec  10.  No  person  shall  be  disqualified  from  being  a  witness  on 
the  trial  of  any  such  information  or  indictment,  by  reason  of  any 
interest  wliich  he  may  have  in  any  penalty  to  be  recovered  therein. 

Sec  11.  When  any  penalty  or  forfeiture  or  any  part  thereof 
shall  be  given  to  any  town  by  any  penal  statute,  the  selectmen 
may  sue  therefor  in  the  name  of  such  town  which  shall  be  entitled 
to  the  benefit,  and  shall  defray  the  expenses  of  such  prosecution, 
and  the  selectmen  may  remit  any  such  penalty  or  forfeiture. 

Sec  12.  If  any  person  sentenced  under  any  penal  statute,  shall 
refuse  or  neglect  to  perform  such  sentence,  he  shall  be  committed 
to  the  connnon  jail,  there  to  be  imprisoned  until  such  sentence  is 
performed,  or  he  is  discharged  by  due  course  of  law. 

Sec  13.  All  fines  arising  in  any  manner,  shall  be  for  the  use  of 
the  county,  and  shall  be  paid  over  to  the  treasurer  thereof,  unless 
otherwise  specially  appropriated. 

Sec  14.  If,  upon  any  complaint  or  prosecution  before  any  court 
or  justice,  the  defendant  shall  be  ordered  to  pay  a  fine,  enter  into  a 
recognizance  or  suffer  any  penalty,  he  shall  also  be  ordered  to  pay 
costs  of  prosecution  or  such  part  thereof  as  justice  may  require. 

Sec  15.  If  any  service  shall  be  performed  by  any  person  by  di- 
rection of  any  court  or  justice,  or  of  the  attorney  general  or  soli- 
citor of  the  county,  in  bringing  to  justice  any  offender  charged 
with  a  crime  or  high-handed  misdemeanor,  the  justices  of  the 
court  of  common  pleas  shall  allow  a  reasonable  sum  therefor, 
and  draw  their  warrant  for  the  same  upon  the  treasurer  of  the 
county. 

Sec  16.  If  any  recognizance  shall  be  forfeited  in  any  case  in 
which,  if  such  recognizor  had  been  convicted,  any  sum  miglit  have 
been  due  to  the  complainant  or  any  other  person,  the  justices  of 
the  court  of  common  )ileas  may  ascertain   the  just   sum   and  costs 


CHAP.  212] 


FORFEITURES    OF    PROPERTY. 


431 


that  might  be  due,  and  draw  their  warrant  tlierefor  upon  the  trea- 
surer of  the  county. 

Sec.  17.  All  recognizances  shall  be  taken  in  the  name  of  the 
State,  and  suits  thereon  may  be  brought  and  tried  in  the  county  in 
which  they  may  be  taken,  unless  the  court,  in  their  discretion,  shall 
order  the  venue  to  be  changed  to  some  adjoining  county. 


CHAPTER  913. 


OF  FORFEITURES  OF  PERSONAL  PROPERTY. 


Section 

1.  Seizure  of  property  forfeited,  how. 

2.  Libel  to  be  filed,  when  and  where. 

3.  Warrant  thereon,  how  issued. 

4.  Notice  of  libel  to  be  given. 

5.  Property  may  be  sold,  how. 


Section 

6.  Property  appraised  and  restored,  when 

7.  Mode  of  trial  and  decree. 

8.  Costs  on  trial,  how  allowed. 

9.  Appeal  and  proceedings  thereon. 


Section  1.  Where  any  personal  property  shall  be  forfeited  for 
any  violation  of  law,  any  sheriff,  deputy  sheriff,  constable  or  any 
person  by  law  authorized  to  seize  the  same,  may  take  and  retain 
such  property  until  he  shall  deliver  it  to  a  proper  officer  having  a 
warrant  to  detain  the  same. 

Sec.  2.  The  person  making  or  directing  such  seizure,  shall,  with- 
out unnecessary  delay,  file  a  libel  before  a  justice,  if  the  property 
does  not  exceed  in  value  thirteen  dollars  thirty-three  cents,  other- 
wise in  the  office  of  the  clerk  of  the  court  of  common  pleas,  stating 
the  cause  and  praying  for  a  decree  of  forfeiture. 

Sec.  3.  Upon  the  filing  before  or  after  seizure  of  any  libel  for  a 
forfeiture,  a  warrant  shall  be  issued  to  the  proper  officer,  requiring 
him  to  take  such  property  into  his  custody  and  detain  the  same 
until  legally  disposed  off. 

Sec.  4.  Notice  of  such  libel  shall  be  issued  by  the  court  or  jus- 
tice to  the  owner,  if  known,  otherwise  notice  shall  be  published  in 
some  newspaper  printed  in  the  vicinity,  that  all  persons  interested 
may  appear  at  the  time  and  place  appointed  for  trial,  and  show 
cause  why  a  decree  of  forfeiture  should  not  be  passed. 

Sec.  5.  If  any  person  interested  shall  appear  and  claim  such 
property,  the  same  may  be  sold  by  consent  of  parties,  or  it  may 
in  any  case  be  sold,  upon  examination  and  a  certificate  of  its  per- 
ishable or  expensive  character,  in  the  same  manner  as  property 
attached  may  be  examined  and  sold. 

Sec.  6.  If  such  claimant  shall  request  it,  such  property  shall  be 
appraised  in  the  same  manner  as  property  attached  may  be  apprais- 
ed, and  it  shall  be  delivered  to  such  claimant  upon  his  giving  bond 


432 


OFFENCES    AGAINST    THE    STATE.      [TITLE    XXVI, 


to  pay  to  the  persons  entitled  thereto,  the  appraised  vahie  thereof 
and  costs,  in  case  a  decree  of  forfeiture  is  made. 

Sec.  7.  The  case  may  be  tried  by  a  jury,  if  in  the  court  of 
common  pleas,  upon  the  request  of  either  party,  otherwise  by  the 
court ;  and  the  cause  of  forfeiture  alleged,  being  proved,  the  court 
or  justice  who  shall  try  the  same,  shall  make  a  decree  for  the  for- 
feiture and  disposition  of  such  property  according  to  law. 

Sec.  8.  Costs  may  be  awarded  to  the  libellant,  if  a  reasonable 
cause  of  seizure  appear,  in  which  shall  be  included  the  necessary 
expenses  of  the  seizure  and  detention  of  the  property,  otherwise 
reasonable  costs  and  damages  shall  be  awarded  to  the  claimant. 

Sec.  9.  An  appeal  may  be  claimed  by  either  party  from  any  de- 
cree made  by  a  justice  of  the  peace  in  the  same  manner  as  in  civil 
actions ;  and  the  like  proceedings  may  be  had  therein  as  in  case  of 
libels  originally  filed  in  the  court  of  common  pleas. 


TITL.E    XXVI. 

OF  CRIMES  AND  PUNISHMENTS. 


Chapter  213.   Of  offences  against  the  State. 

Chapter  214.   Of  offences  against  the  life  or  person. 

Chapter  215.   Of  offences  against  property. 

Chapter  216.   Of  forgery  aiid  counterfeiting. 

Chapter  217.   Of  offences  against  public  justice. 

Chapter  218.   Of  offences  against  the  public  peace. 

Chapter  219.  Of  offences  against  chastity,  decency  and  morality. 

Chapter  220.   Of  offences  against  public  policy. 

Chapter  221.  General  provisions  concerning  crimes. 


CHAPTER   S13. 


OF  OFFENCES  AGAINST  THE  STATE. 


Section 

1.  Treason,  how  punished. 

2.  Misprision  of  treason  punished. 


Section 

3.  Indictment  to  be  found  within  2  years. 

4.  Embezzlement  by  public  officers. 


Section  1.  If  any  person  owing  allegiance  to  this  State,  shall 
levy  war  or  conspire  to  levy  war  against  the  same,  or  shall  in  any 


CHAP.  -214.]  OFFENCES    AGAINST    THE    PERSO^^ 


483 


way  give  aid  and  comfort  to  the  enemies  of  this  State,  and  shall 
be  thereof  convicted,  either  upon  confession  in  open  court,  or  by 
the  testimony  of  two  or  more  witnesses  to  the  same  overt  act  of 
treason  of  which  such  person  may  be  indicted,  such  person  shall 
be  adjudged  guilty  of  treason,  and  shall  be  punished  by  solitary 
imprisonment  not  exceeding  three  years,  and  by  confinement  to 
hard  labor  for  life. 

Sec.  2.  If  any  person  shall  know  that  any  other  person  has 
committed  or  is  intending  to  commit  treason,  and  shall  not  within 
fourteen  days  from  the  time  of  his  having  such  knowledge,  give 
information  thereof  to  the  governor  or  to^  some  justice  of  the  peace 
of  this  State,  he  shall  on  conviction  thereof  be  adjudged  guilty  of 
misprision  of  treason,  and  shall  be  punished  by  confinement  to 
hard  labor  not  exceeding  seven  years,  or  by  fine  not  exceeding  two 
thousand  dollars. 

Sec.  3.  No  person  shall  be  tried  for  treason  or  misprision  of 
treason,  unless  the  indictment  therefor  be  found  within  two  years 
next  after  the  commission  of  the  offence. 

Sec.  4.  If  any  public  officer,  being  a  receiver  of  public  money 
under  any  law  of  this  State,  shall  fraudulently  convert  the  same  to 
his  own  use,  or  pay  or  deliver  the  same  to  any  person,  knowing 
that  such  person  is  not  entitled  to  receive  the  same,  he  shall  be 
punished  by  confinement  to  hard  labor  not  exceeding  two  years,  or 
by  imprisonment  in  the  common  jail  not  exceeding  one  year,  and 
by  fine  not  exceeding  two  thousand  dollars. 


CHAPTER  S14. 


OF  OFFENCES  AGAINST  THE  LIFE  OR  PERSON. 


Section 

1.  Murder,  degree  how  determined. 

2.  On  plea  of  guilty,  how  determined. 

3.  Punishment  of  murder. 

4.  "  of  manslaughter. 

5.  "  of  robbery. 

6.  "  of  rape. 

7.  "  of  maiming. 


Section 

8.  Assault  with  intent  to  kill,  rob,  &c., 

how  punished. 

9.  Concealing   birth    of    cliild,  punish- 

ment. 

10.  On   indictment   for   murder   may  be 

found  guilty  of  a  less  offence. 

11.  Punishment  of  kidnapping. 


Section  1.  All  murder  committed  by  poison,  starving,  torture  or 
other  deliberate  and  premeditated  killing,  or  committed  in  the  per- 
petration or  in  the  attempt  at  the  perpetration  of  arson,  rape,  robbe- 
ry or  burglary,  is  murder  of  the  first  degree ;  and  all  murder  not 
of  the  first  degree  is  of  the  second  degree.  If  the  jury  shall  find 
55 


434  OFFENCES    AGAINST    THE    PERSON.       [TITLE  XXVI. 

any  person  guilty  of  murder,  they  shall  also  find  by  their  verdict 
whether  it  is  of  the  first  or  second  degree. 

Sec.  2.  If  any  person  shall  plead  guilty  to  an  indictment  for 
murder,  the  court  having  cognizance  thereof,  shall  determine  the 
degree. 

Sec.  3.  The  punishment  of  murder  in  the  first  degree  shall  be 
death,  and  the  punishment  of  murder  in  the  second  degree  shall 
be  solitary  imprisonment  not  exceeding  three  years,  and  confine- 
ment to  hard  labor  for  life. 

Sec.  4.  If  any  person  shall  be  guilty  of  manslaughter,  he  shall 
be  punished  by  fine  not  exceeding  one  thousand  dollars,  or  by  fine 
not  exceeding  five  hundred  dollars,  and  imprisonment  in  the  com- 
mon jail  not  exceeding  one  year,  or  by  solitary  imprisonment  not 
exceeding  six  months,  and  confinement  to  hard  labor  for  life  or  for 
a  term  not  less  than  one  year,  according  to  the  aggravation  of  the 
offence. 

Sec.  5.  If  any  person  by  assault,  or  by  violence  and  putting  in 
fear  shall  feloniously  steal,  rob  and  take  from  the  person  of  an- 
other, any  money,  goods,  chattels,  or  other  property  which  is  the 
subject  of  larceny,  he  shall  be  punished  by  solitary  imprisonment 
not  exceeding  six  months,  and  bv  confinement  to  hard  labor  for 
life. 

Sec  6.  If  any  person  shall  ravish  and  carnally  know  any  wo- 
man, committing  carnal  copulation  with  her  by  force  against  her 
will,  or  if  any  man  shall  unlawfully  and  carnally  know  and  abuse 
any  woman  child  under  the  age  of  ten  years,  he  shall  be  punished 
by  solitary  imprisonment  not  exceeding  six  months,  and  by  con- 
finement to  hard  labor  for  life. 

Sec.  7.  If  any  person,  with  intent  to  maim  or  disfigure,  shall 
maliciously  cut  off  an  ear,  cut  out  or  maim  the  tongue,  put  out  an 
eye,  cut  off  or  slit  the  nose  or  lip,  or  cut  ofi"  or  disable  any  limb  or 
member  of  any  person,  he  shall  be  punished  by  solitary  imprison- 
ment not  exceeding  six  months,  and  by  confinement  to  hard  labor 
for  a  term  not  less  than  one  year  nor  more  than  twenty  years. 

Sec  8.  If  any  person  shall  make  an  assault  upon  another  with 
intent  to  commit  any  crime  described  in  this  chapter,  the  punish- 
ment whereof  may  be  death  or  confinement  to  hard  labor  for  life, 
or  shall  attempt  to  commit  any  such  crime  by  any  means  not  con- 
stituting an  assault,  he  shall  be  punished  by  solitary  imprisonment 
not  exceeding  six  months,  and  by  confinement  to  hard  labor  for  a 
term  not  less  than  one  year  nor  more  than  ten  years. 

Sec  9.  If  any  woman  shall  be  privately  delivered  of  a  child, 
which  if  born  alive  would  be  a  bastard,  and  shall  endeavor  pri- 
vately to  conceal  its  death,  and  the  manner  or  cause  thereof,  she 
shall  be  punished  by  confinement  to  hard  labor  not  exceeding  two 
years,  or  imprisonment  in  the  common  jail  not  exceeding  two 
years,  or  by  fine  not  exceeding  two  thousand  dollars. 

Sec.  10.   The  murder  of  such  child  and   the  oft'ence  described 


CHAP.   215.J  OFFENCES    AGAliNST    PROPERTY. 


435 


in  the  preceding  section,  may  be  charged  in  the  same  indictment, 
and  the  person  accused  may  be  found  guihy  of  either  offence  as 
the  evidence  may  warrant. 

Sec.  11.  If  any  person,  without  lawful  authority,  shall  forcibly 
or  secretly  confine  or  imprison  any  other  person  within  this  State 
against  his  will,  or  shall  .forcibly  carry  or  send  such  person  out  of 
the  State,  or  shall  forcibly  seize,  inveigle  or  kidnap  any  person, 
with  intent  either  to  cause  such  person  to  be  sent  out  of  the  State 
against  his  will,  or  to  be  sold  or  in  any  way  held  to  service  against 
his  will,  he  shall  be  punished  by  confinement  to  hard  labor  not 
exceeding  ten  years. 


CHAPTER  315. 


OF  OFFENCES  AGAINST  PROPERTY. 


Section 

1.  Arson,  how  punished. 

2.  Burning  other  buildings,  punishment. 

3.  Placing    obstructions    on    railroads, 

how  punished. 

4.  Burning  grain,  lumber,  &c.,  punish- 

ed. 

5.  Burglary,  how  punished. 

6.  "  in  second  degree,  punished. 

7.  Breaking,  &c.,  office,  in  night  time. 

8.  "  or  entering  any  building 
in  night,  or  breaking  and  entering 
in  day  time. 

9.  Larceny  in  building,  punishment. 
10.  Maiming  cattle  to  injure  owner. 


Section 

11.  Larceny  from  the  person,  punished. 

12.  "         of  horse,  &c.,  punished. 

13.  Larceny  to  the  value  of  $20-00. 

14.  "         of  less  value  than  $20-00. 

15.  "         of  deeds,  papers,  &c. 

16.  Receiving  or  concealing  stolen  pro- 

perty, how  punished. 

17.  Owner  to  have  judgment  for  value. 

18.  Malicious  mischief  punished. 

19.  Fraudulent  conveyance  of  property. 

20.  "  receipt  of  property. 

21.  If  property  under  $100-00,   punish- 

ment in  such  case. 

22.  Fine  in  such  case,  how  appropriated. 


Section  1.  If  any  person  shall  wilfully  and  maliciously  burn 
any  dwelling  house,  or  any  out  building  adjoining  thereto,  or  any 
building  whereby  any  dwelling  house  shall  be  burned,  he  shall  be 
punished  by  solitary  imprisonment  not  exceeding  six  months,  and 
by  confinement  to  hard  labor  for  life  or  for  a  term  not  less  than 
seven  years. 

Sec.  2.  If  any  person  shall  wilfully  and  maliciously  burn  any 
vessel  lying  within  the  body  of  any  county,  or  any  bridge,  or  any 
building  other  than  those  described  in  the  preceding  section,  he 
shall  be  punished  by  solitary  imprisonment  not  exceeding  six 
months,  and  by  confinement  to  hard  labor  for  a  term  not  less  than 
two  years  nor  more  than  twenty  years. 

Sec.  3.  If  any  person  shall  wilfully  and  maliciously  place  any 
obstruction  on  the  track  of  any  railroad,  or  remove  any  rail  there- 


436  OFFENCES    AGAINST    PROPERTY.  [tITLE  XXVI. 

from,  or  in  any  way  injure  such  railroad,  or  do  any  other  thing 
thereto  whereby  the  life  of  any  person  may  be  endangered,  he 
shall  be  punished  by  solitary  imprisonment  not  exceeding  six 
months,  and  by  confinement  to  hard  labor  for  life  or  for  a  term  not 
less  than  two  years. 

Sec.  4.  If  any  person  shall  wilfully  and  maliciously  burn  any 
stack  of  corn,  hay,  grain  or  flax,  or  any  fence,  or  any  pile  of 
boards,  lumber  or  wood,  or  any  trees  or  underwood  of  another,  he 
shall  be  punished  by  confinement  to  hard  labor  for  a  term  not  less 
than  one  year  nor  more  than  three  years,  or  by  fine  not  exceeding 
one  thousand  dollars,  and  imprisonment  in  the  common  jail  not 
exceeding  one  year. 

Sec,  o.  If  any  person  shall  in  the  night  time  break  and  enter 
any  dwelling  house,  with  intent  to  commit  any  crime  the  punish- 
ment whereof  may  be  death  or  confinement  to  hard  labor  for  life, 
he  shall  be  punished  by  solitary  imprisonment  not  exceeding  six 
months,  and  by  confinement  to  hard  labor  for  life  or  for  a  term  of 
not  less  than  fiv^e  years. 

Sec  G.  If  any  person  shall  in  the  night  time  break  and  enter 
any  dwelling  house,  with  intent  to  commit  any  other  crime  the 
punishment  whereof  may  be  confinement  to  hard  labor,  or  to  com- 
mit any  larceny,  he  shall  be  punished  by  solitary  imprisonment  not 
exceeding  sixty  days,  and  by  confinement  to  hard  labor  not  less 
than  three  years  nor  more  than  ten  years. 

Sec.  7.  If  any  person,  with  intent  to  commit  any  crime  the 
punishment  whereof  may  be  confinement  to  hard  labor,  or  to  com- 
mit larceny,  shall  in  the  night  time  break  and  enter  any  office, 
bank,  shop,  store,  or  warehouse  or  any  vessel  lying  within  the 
body  of  any  county,  he  shall  be  punished  by  confinement  to  hard 
labor  for  a  term  not  less  than  three  years  nor  more  than  ten  years. 

Sec  S.  If  any  person,  with  intent  to  commit  any  crime  the 
punishment  whereof  may  be  confinement  to  hard  labor,  shall  in  the 
night  time  either  break  or  enter,  or  in  the  day  time  break  and  enter 
any  building  or  any  vessel  lying  within  the  body  of  any  county, 
he  shall  be  punished  by  confinement  to  hard  labor  for  a  term  not 
less  than  one  year  nor  more  than  seven  years. 

Sec.  9.  If  any  person  shall  in  the  night  time  break  or  enter,  or 
in  the  day  time  break  and  enter  any  dwelling  house  or  outhouse 
adjoining  thereto,  any  oflice,  bank,  shop,  store,  warehouse  or  mill, 
any  meeting  house,  court  house,  town  house,  college,  academy, 
school  house  or  other  building  erected  for  the  public  use,  or  any 
vessel  lying  within  the  body  of  any  county,  and  shall  therein  com- 
mit lai'ceny,  he  shall  be  punished  by  confinement  to  hard  labor  [for 
a  term]  not  exceeding  five  years. 

Sec  10.  If  any  person  shall  wilfully  and  maliciously  kill,  maim, 
wound,  poison  or  disfigure  any  horse,  cattle,  sheep  or  swine  of 
another,  with  intent  to  injure  their  owner  or  any  other  person,  he 
shall  be  punished  by  confinement    to  liard  labor  not  less  than  one 


OHAP.  215.J  OFFEISCES    AGALXST    PROPERTY.  437 

year  nor  more  than  three  years,  or  by  fine  not  exceeding  one 
thousand  dollars,  and  imprisonment  in  the  common  jail  not  ex- 
ceeding one  year. 

Sec.  11.  If  any  person  shall  commit  any  larceny  from  the  per- 
son of  another,  he  shall  be  punished  by  confinement  to  hard  labor 
not  less  than  three  years  nor  more  than  seven  years. 

Sec.  12.  If  any  person  shall  steal,  take  and  carry  away  any 
horse,  mule,  cattle,  sheep  or  swine,  the  property  of  another,  he 
shall  be  punished  by  confinement  to  hard  labor  not  less  than  three 
years  nor  more  than  seven  years. 

Sec  13.  If  any  person  shall  steal,  take  and  carry  away  of  the 
property  of  another  any  money,  bank  bills,  goods,  or  chattels  or  any 
writing  containing  evidence  of  any  existing  debt,  contract,  liability, 
promise  or  ownership  of  property,  of  the  value  of  twenty  dollars 
or  of  the  receipt,  payment  or  discharge  of  the  like  amount,  or  any 
Avriting  of  a  like  kind,  which  together  shall  contain  the  like  evi- 
dence, he  shall  be  punished  by  confinement  to  hard  labor  for  a  term 
not  less  than  two  years  nor  more  than  five  years. 

Sec  14.  If  any  person  shall  steal,  take  and  carry  away  any 
property  of  another,  such  as  is  described  in  the  preceding  section, 
of  a  less  amount  or  value  than  twenty  dollars,  he  shall  be  punished 
by  imprisonment  in  the  common  jail  not  exceeding  one  year,  and 
by  fine  not  exceeding  one  hundred  dollars,  and  shall  be  further 
sentenced  to  pay  to  the  owner  treble  the  value  of  the  property  so 
stolen,  deducting  from  such  treble  value  the  value  of  any  part  of 
said  property  which  may  be  returned. 

Sec  15.  If  any  person  shall  steal,  take  and  carry  away  any  deed 
or  other  writing  importing  to  contain  the  conveyance,  release  or 
defeasance  of  any  title  to  or  interest  in  any  real  estate,  or  any  will, 
policy  of  insurance,  bill  of  sale  of  any  vessel,  or  letter  of  attorney, 
or  any  writ,  process  or  record  of  any  court  of  this  State,  or  any 
public  record  or  any  record  of  any  corporation,  public  or  private,  he 
shall  be  punished  by  confinement  to  hard  labor  for  a  term  not  less 
than  two  years  nor  more  than  five  years. 

Sec  16.  If  any  person  shall  receive  or  conceal  any  property 
stolen  as  aforesaid,  knowing  the  same  to  have  been  so  stolen,  he 
shall  be  punished  in  the  same  manner  as  if  he  had  so  stolen  the 
same,  and  either  before  or  after  the  conviction  of  the  principal 
felon. 

Sec  17.  If  any  person  shall  be  convicted  of  stealing,  or  of  re- 
ceiving or  concealing  any  property  stolen  as  aforesaid,  excepting 
in  cases  where  the  treble  value  of  the  property  is  awarded,  the 
owner  of  such  property,  upon  such  conviction,  shall  have  judgment 
and  execution  in  common  form  against  such  convict  for  the  value 
thereof,  deducting  the  value  of  such  pai't  as  may  be  returned.  If 
said  convict  shall  be  committed  to  jail  upon  such  execution,  he 
shall  have  the  same  relief  as  if  it  had  issued  upon  a  judgment  re- 
covered in  an  action  of  trespass. 


488  FORGING    AND    COUNTERFEIIING,         [tITLE  XXVI. 

Sec.  18.  If  any  person  shall  wilfully  and  maliciously  commit 
any  act  whereby  any  tree  placed  or  grownig  for  ornament  or  use 
in  any  garden,  yard,  street,  square,  or  other  place,  or  whereby  the 
real  or  personal  estate  of  another  shall  be  injured,  such  person  shall 
be  punished  by  imprisonment  in  the  common  jail  for  a  term  not 
less  than  thirty  days  nor  more  than  one  year,  or  by  fine  not  ex- 
ceeding one  hundred  dollars,  or  by  both  of  said  punishments,  in 
the  discretion  of  the  court. 

Sec.  19.  If  any  person  shall  fraudulently  mortgage,  pledge,  sell, 
alienate  or  convey  any  of  his  real  or  personal  estate  amounting  in 
value  to  the  sum  of  one  hundred  dollars,  or  shall  fraudulently  con- 
ceal his  personal  estate  of  that  value,  to  prevent  the  attachment  or 
seizure  of  the  same  upon  mesne  process  or  execution,  he  shall  be 
jDunished  by  imprisonment  not  less  than  thirty  days  nor  more  than 
one  year,  or  by  fine  not  exceeding  double  the  value  of  such  estate, 
or  by  both  of  said  punishments. 

Sec.  20.  If  any  person  shall  fraudulently  receive  any  such  mort- 
gage, pledge  or  conveyance,  or  shall  conceal  the  property  of  any 
debtor  of  that  value,  with  intent  to  prevent  such  attachment  or 
seizm-e,  ho  shall  be  punished  in  the  manner  provided  in  the  prece- 
ding section. 

Sec.  21.  If  any  person  shall  be  guilty  of  any  act  described  in 
the  two  preceding  sections,  where  the  property  is  of  less  value  than 
one  hundred  dollars,  he  shall  be  punished  by  imprisonment  not  less 
than  ten  days  nor  more  than  six  months,  or  by  fine  not  exceeding 
double  the  value  of  such  property,  or  by  both  of  said  punishments. 

Sec.  22.  In  the  cases  mentioned  in  the  three  preceding  sections, 
the  fine  shall  be  the  one  half  for  the  use  of  the  complainant,  and 
the  other  half  to  the  use  of  the  county. 


CHAPTER  SI 6. 

OF  FORGERY  AND  COUNTERFEITING. 


Section 

1.  Forgery  defined  and  punished. 

2.  Passing  or  using  such  forged  papers. 

3.  Forger}^  in  other  cases  punished. 

4.  Counterfeiting  bank  bills,  punishment. 

5.  Passing  counterfeit  bills,  punishment. 

6.  Engraving  plates,  &c.,   for   counter- 

feiting, how  punished. 


Section 

7.  Evidence  of  charter,  what  is. 

8.  Counterfeiting  coin,  punishment. 

9.  Passing  counterfeit   coin,  how  pun- 

ished. 
10.  Engraving  moulds,  «fcc.,  for  counter- 
feiting, how  punished. 


Section  1.  If  any   person   shall  falsely  make   or  counterfeit,  or 
fraudulently  alter  any  i>ublic  record,  any  writ,  process  or  proceeding 


CHAP.  21G.]  FORGING    AND    COUNTERFEITING;     >  489 

of  any  court  of  this  State  ;  any  certificate  or  attestation  of  a  justice 
of  the  peace,  notary  pubhc,  clerk  of  any  court,  town  clerk  or  other 
public  officer,  in  any  matter  wherein  such  certificate  or  attestation 
may  be  received  as  legal  proof;  any  charter,  deed,  will,  bond,  or 
writing  obligatory,  letter  of  attorney,  policy  of  insurance,  certificate 
of  stock,  bill  of  exchange,  promissory  note,  order,  acquittance,  dis- 
charge for  money  or  property  ;  any  acceptance  of  a  bill  of  exchange, 
or  any  endorsement  or  assignment  of  any  bill  of  exchange  or  pro- 
missory note  ;  any  certificate  or  accountable  receipt  for  money  or 
property  ;  any  warrant,  order  or  request  for  the  payment  of  money, 
or  the  delivery  of  any  property  or  writing  of  value  ;  or  any  writing 
whatever,  purporting  to  contain  evidence  of  the  existence  or  dis- 
charge of  any  debt,  contract  or  promise  ;  Avith  intent  that  any  per- 
son may  be  defrauded,  he  shall  be  punished  by  solitary  imprison- 
ment not  exceeding  six  months,  and  by  confinement  to  hard  labor 
not  less  than  three  years  nor  more  than  seven  years. 

Sec.  2.  Every  person  who  shall  pass  or  use,  or  offer  to  pass  or 
use,  as  true,  any  such  counterfeited  or  altered  writing,  mentioned  in 
the  preceding  section,  knowing  the  same  to  be  such,  with  intent 
that  any  person  should  be  defrauded,  shall  be  punished  in  the  man- 
ner specified  in  the  preceding  section. 

Sec.  3.  If  any  person  shall  falsely  make  or  counterfeit  or  alter 
any  writing,  not  included  in  the  first  section,  or  shall  knowingly 
use  the  same  with  intent  that  and  whereby  any  person  may  be 
defrauded,  he  shall  be  punished  by  confinement  to  hard  labor  not 
exceeding  three  years. 

Sec.  4.  If  any  person  shall  falsely  make  or  counterfeit,  or  shall 
fraudulently  alter  any  bank  bill  or  note  purporting  to  be  issued  by 
any  bank,  with  intent  that  any  person  may  be  defrauded,  he  shall 
be  punished  by  solitary  imprisonment  not  exceeding  six  months, 
and  by  confinement  to  hard  labor  not  less  than  five  years  nor  more 
than  twenty  years. 

Sec  5.  If  any  person  shall  pass  or  ofl'er  to  pass,  as  true,  or  shall 
bring  into  this  State  or  have  in  his  possession  or  custody  any  such 
false,  counterfeited  or  altered  bank  bill  or  note  described  in  the 
preceding  section,  knowing  the  same  to  be  so  false,  counterfeited  or 
altered,  with  intent  that  any  person  may  be  defrauded,  he  shall  be 
punished  by  solitary  imprisonment  not  exceeding  four  months,  and 
by  confinement  to  hard  labor  not  less  than  two  years  nor  more  than 
five  years. 

Sec.  6.  If  any  person  shall  make,  mend  or  engrave  or  begin  to 
make,  mend  or  engrave  any  plate,  block,  press  or  other  tool  or  in- 
strument, or  shall  make  or  provide  any  paper  or  other  material, 
adapted  or  designed  for  forging  or  making  any  such  false,  counter- 
feited or  altered  bank  bills  or  notes  described  in  the  two  preceding 
sections,  or  shall  have  in  his  possession  any  such  plate,  block,  press, 
tool,  instrument,  paper  or  material  adapted  or  designed  as  aforesaid, 
with  intent  to  use  the  same,  or  cause  or  permit  the  same  to  be  used 


440 


OFFENCES    AGAINST    PUBLIC    JUSTICE.    [TITLE  XXVI. 


ill  forging  or  making  such  false  and  counterfeit  bank  bills  or  notes, 
he  shall  be  punished  by  solitary  imprisonment  not  exceeding  four 
months,  and  by  confinement  to  hard  labor  not  less  than  two  years 
nor  more  than  five  years. 

Sec.  7.  Upon  the  trial  of  any  indictment  under  the  three  sec- 
tions preceding,  evidence  that  bills  or  notes  purporting  to  be  issued 
by  any  bank,  are  commonly  received  as  currency,  or  other  proof  of 
the  existence  of  any  bank  or  banking  company  therein  described, 
shall  be  competent  evidence  for  the  jury  of  its  legal  establishment 
and  existence. 

Sec.  8.  If  any  person  shall  make  any  false  coin  in  imitation  of 
any  gold  or  silver  coin  current  within  this  State  by  law  or  usage, 
he  shall  be  punished  by  solitary  imprisonment  not  exceeding  six 
months,  and  by  confinement  to  hard  labor  not  less  than  four  years 
nor  more  than  ten  years. 

Sec.  9.  If  any  person  shall  pass  or  offer  to  pass,  as  true,  or  shall 
bring  into  this  State  or  have  in  his  possession  any  false  and  coun- 
terfeit coin  described  in  the  preceding  section,  knowing  the  same 
to  be  so  false  and  counterfeit,  and  with  intent  that  any  person  may 
be  defrauded,  he  shall  be  punished  by  solitary  imprisonment  not 
exceeding  four  months,  and  by  confinement  to  hard  labor  not  less 
than  two  years  nor  more  than  five  years. 

Sec  10.  If  any  person  shall  cast,  stamp,  engrave,  make  or  mend, 
or  begin  to  cast,  stamp,  engrave,  make  or  mend,  or  shall  have  in 
his  possession,  any  mould,  pattern,  die,  punch,  engine,  press,  tool  or 
other  instrument  adapted  or  designed  for  making  false  and  counter- 
feit coin,  in  imitation  of  any  gold  or  silver  coin  current  within  this 
State  by  law  or  usage,  with  intent  that  the  same  may  be  so  used, 
he  shall  be  punished  by  solitary  imprisonment  not  exceeding  four 
months,  and  by  confinement  to  hard  labor  not  less  than  two  years 
nor  more  than  five  years. 


CHAPTER  S17. 

OF  OFFENCES  AGAINST  PUBLIC  JUSTICE. 


Section 

1.  Perjury,  the  offence  and   punishment. 

2.  False  swearing  constittites  perjury. 

3.  Subornation  of  perjury. 

4.  Indictment  for  perjury  and  suborna- 

tion of  perjury. 

5.  Obstructing  officer  or  rescuing  prison- 

er charged  with  a  minor  offence. 

6.  Obstructing  oificcr  or  rescuing  prison- 

er charged  with  infamous  crime. 


Section 

7.  Obstructing  officer  or  rescuing  prison- 

er charged  with  capital  offence. 

8.  Obstructing  officer  or  rescuing  prison- 

er in  other  cases. 
0.  Aiding  attempt  of  prisoner  to  escape, 
without  any  escape,  how  punislied. 

10.  Conveying  tools  to  convict  punished. 

11.  Aiding   escape  of  prisoner   confined 

for  debt,  how  punished. 


CHAP.  217]       OFFENCES    AGAINST    PUBLIC    JUSTICE. 


441 


Section 

12.  Aiding  escape   of  prisoner   for   any 

offence  not  capital. 

13.  Aiding  escape   of  prisoner    confined 

for  capital  offence. 

14.  Suffering   voluntarily  the  escape  of 

any  prisoner. 


Section 

15.  Suffering  negligently  the  escape  of 

any  prisoner. 

16.  If  such  prisoner  is  returned,  punish- 

ment how  remitted. 

17.  Falsely  personating  officer,  penalty. 

18.  Town  clerk  making  false  record  or 

return,  penalty. 


Section  1.  If  any  person,  being  on  oath  or  affirmation,  in  any- 
legal  proceeding  before  any  court,  justice  of  the  peace,  referee,  ar- 
bitrator, auditor  or  other  person  authorized  by  law  to  administer 
such  oath  or  affirmation,  shall  commit  perjury,  he  shall  be  punished 
by  solitary  imprisonment  not  exceeding  four  months,  and  by  con- 
finement to  hard  labor  not  less  than  two  years  nor  more  than  five 
years. 

Sec.  2.  If  any  person  in  regard  to  any  matter  or  thing  wherein 
he  is  required  by  law  to  make  oath  or  affirmation,  shall  wilfully 
swear  or  affirm  falsely,  he  shall  be  deemed  guilty  of  perjury,  and 
punished  accordingly. 

Sec  3.  If  any  person  shall  corruptly  procure  or  attempt  to  pro- 
cure another  to  commit  perjury,  he  shall  be  punished  in  the  same 
manner  as  for  the  crime  of  perjury. 

Sec.  4.  In  every  prosecution  for  perjury  or  subornation  of  per- 
jury, it  shall  be  sufficient  to  set  forth  the  offence  charged,  before 
what  court  or  person  such  oath  or  affirmation  was  taken,  and  that 
such  court  or  person  had  competent  authority  to  administer  the 
same,  with  proper  averments  to  falsify  the  matter  wherein  the 
perjury  is  assigned,  without  setting  forth,  otherwise  than  as  afore- 
said, any  record  or  other  proceeding  in  law  or  in  equity,  or  the 
commission  or  authority  of  such  court  or  person  before  whom  the 
perjury  was  committed. 

Sec.  5.  If  any  person  shall  wilfully  assault  or  obstruct  any  offi- 
cer or  other  person  duly  authorized,  in  the  service  of  any  lawful 
process  or  order  in  any  civil  case  or  in  any  criminal  case,  the 
punishment  of  which  is  imprisonment  in  the  common  jail  and  fine 
or  either,  or  shall  rescue  or  attempt  to  rescue  any  prisoner  lawfully 
arrested  in  any  such  case,  he  shall  be  punished  by  confinement  in 
the  common  jail  not  exceeding  one  year,  and  by  fine  not  exceed- 
ing three  hundred  dollars. 

Sec  6.  If  any  person  shall  wilfully  assault  or  obstruct  any  offi- 
cer or  other  person  duly  authorized,  in  the  service  of  any  criminal 
process  for  any  offence  punishable  by  confinement  to  hard  labor 
for  a  term  of  years,  or  shall  rescue  or  attempt  to  rescue  any  prisoner 
lawfully  arrested  in  any  such  case,  he  shall  be  punished  by  con- 
finement to  hard  labor  not  exceeding  one  half  of  such  term,  or  by 
imprisonment  in  the  common  jail  not  exceeding  two  years,  or  by  a 
fine  not  exceeding  five  hundred  dollars,  or  by  both  of  the  two  last. 
56 


442  OFFENCES    AGAINST    PUBLIC    JUSTICE.     [TITLE  XXVJ. 

Sec.  7.  If  any  person  shall  wilfully  obstruct  or  assault  any  offi- 
cer or  other  person  duly  authorized,  in  the  service  of  any  criminal 
process  for  any  offence  puuishable  by  death  or  confinement  to  hard 
labor  for  life,  or  shall  rescue  or  attempt  to  rescue  any  prisoner  law- 
fully arrested  in  such  case,  he  shall  be  punished  by  confinement 
to  hard  labor  not  exceeding  ten  years,  or  by  imprisonment  in  the 
common  jail  not  exceeding  two  years,  and  fine  not  exceeding  five 
hundred  dollars. 

Sec.  8.  If  any  person  shall  wilfully  obstruct  or  assault  any  offi- 
cer or  person  duly  authorized,  in  the  discharge  of  any  duty  of  his 
office  in  any  case  not  included  in  the  preceding  sections,  he  shall 
be  punished  by  imprisonment  in  the  common  jail  not  exceeding 
six  months,  or  by  fine  not  exceeding  one  hundred  dollars. 

Sec.  9.  If  any  person  shall  convey  any  tool  or  other  thing  into 
any  place  of  confinement,  or  aflbrd  aid  in  any  manner,  with  intent 
that  any  prisoner  may  escape  therefrom,  but  without  any  escape, 
he  shall  be  punished  by  imprisonment  in  the  common  jail  not 
exceeding  one  year,  and  by  fine  not  exceeding  five  hundred 
dollars. 

Sec.  10.  If  any  person  shall  convey  any  tool,  weapon  or  other 
thing  to  any  prisoner  convicted  of  any  offence  punishable  by  death 
or  confinement  to  hard  labor,  or  into  any  place  of  confinement, 
with  intent  to  aid  any  such  convict  to  escape,  he  shall  be  punished 
by  solitary  imprisonment  not  exceeding  six  months  and  by  confine- 
ment to  hard  labor  not  exceeding  ten  years,  or  by  fine  not  exceed- 
ing five  hundred  dollars. 

Sec.  11.  If  any  person  shall  aid  in  any  manner  in  the  escape 
of  any  prisoner  committed  to  any  place  of  confinement  for  debt, 
he  shall  pay  such  debt  and  be  imprisoned  in  the  common  jail  not 
exceeding  one  year. 

Sec.  12.  If  any  person  shall  aid  in  any  manner  in  the  escape 
of  any  prisoner  committed,  before  or  after  conviction,  to  any  place 
of  confinement,  for  any  criminal  offence  not  capital,  he  shall  be 
liable  to  the  same  punishment  to  which  such  prisoner  was  or 
would  have  been  liable,  or  to  imprisonment  in  the  common  jail 
not  exceeding  one  year,  and  fine  not  exceeding  two  thousand 
dollars. 

Sec.  13.  If  any  person  shall  in  any  maimer  assist  in  the  escape 
of  any  prisoner  committed,  before  or  after  conviction,  to  any  place 
of  confinement,  for  any  capital  offence,  he  shall  be  punished  by 
confinement  to  hard  labor  for  life  or  any  term  of  years. 

Sec.  14.  If  any  person  having  the  custody  of  any  prisoner 
arrested  or  committed  for  debt  or  crime,  shall  voluntarily  permit 
his  escape,  he  shall  be  punished  in  the  same  manner  prescribed  in 
the  three  preceding  sections,  for  aiding  in  the  escape  of  a  prisoner 
committed  for  like  cause. 

Sec.  15.    If   any  person  having  the   custody  of  any  prisoner 


CHAP.  218.]        OFFENCES    AGAINST    PUBLIC    PEACE. 


443 


arrested  or  committed  for  crime,  shall  negligently  sutfer  his  escape, 
he  shall  be  fined  not  exceeding  five  hundred  dollars. 

Sec.  16.  If  any  person  guilty  of  the  offence  described  in  either 
of  the  five  preceding  sections,  shall,  within  six  months  after  any 
such  escape  of  any  prisoner,  recover  and  return  such  prisoner  to 
the  place  of  confinement  from  which  he  escaped,  cases  of  rescue 
excepted,  he  shall  be  liable  to  such  fine  as  the  court  may  order, 
and  imprisonment  shall  be  remitted. 

Sec.  17.  If  any  person  not  being  a  sherifl",  deputy  sheriff  or 
other  officer  whose  duty  it  is  to  keep  the  peace  or  apprehend  per- 
sons for  violating  the  same,  shall  falsely  pretend  to  be  or  shall 
assume  to  act  as  such,  or  to  require  any  other  person  to  aid  or  assist 
him  in  any  matter  or  thing  belonging  to  the  duty  of  a  sheriff, 
deputy  sheriff  or  other  officer  as  aforesaid,  he  shall  be  punished  by 
fine  not  exceeding  three  hundred  dollars,  one  half  to  the  use  of  the 
county,  the  other  half  to  the  prosecutor. 

Sec  18.  If  the  clerk  of  any  town  or  place  shall  wilfully  and 
corruptly  make  a  false  record  of  any  vote  or  other  proceeding  in 
any  legal  town  meeting,  or  any  false  copy  of  any  record,  or  any 
false  certificate  or  return  of  votes,  he  shall  be  punished  by  solitary 
imprisonment  not  exceeding  six  months,  and  by  confinement  to 
hard  labor  not  less  than  two  years  nor  more  than  five  years. 


CHAPTER  218. 


OF  OFFENCES  AGAINST  THE  PUBLIC  PEACE. 


Section 

1.  Assault  and  battery,  powers  of  justice. 

2.  "         "         "        if  aggravated. 


Sectlon 

3.  Riots,  proclamation  to  be  made,  how. 

4.  Penalty  for  disobedience  of  rioters. 


Section  1.  If  any  person  shall  assault  or  beat  another  or  in  any 
way  break  the  peace,  upon  complaint  and  conviction  thereof  before 
any  justice,  he  shall  be  fined  not  exceeding  ten  dollars,  or  impris- 
oned not  exceeding  thirty  days,  and  shall  also  recognize  with  suffi- 
cient surety  or  sureties,  to  keep  the  peace  and  be  of  good  behavior 
until  the  next  term  of  the  court  of  common  pleas  to  be  holden  in 
the  county. 

Sec  2.  If  such  offence  is  of  an  aggravated  nature,  the  justice 
may  order  such  offender  to  recognize,  with  sufficient  surety  or  sure- 
ties, to  appear  at  the  court  of  common  pleas  next  to  be  holden  in 
the  county,  and  on  conviction  of  such  offender  before  said  court, 
he  may  be  punished  by  fine  not  exceeding  two  hundred  dollars, 
and  imprisonment  not  exceeding  six  months,  or  by  either  of  said 
punishments. 


444 


OFFENCES    AGAIxNST    PUBLIC    MORALS.     [XITLE  XXVI. 


Sec.  3.  If  any  persons  shall  be  unlawfully,  riotously  and  tumult- 
uously  assembled,  any  justice,  sheriff  or  his  deputy,  or  any  consta- 
ble shall  approach  the  rioters  as  near  as  he  can  with  safety,  and 
command  silence  while  proclamation  is  being  made,  and  shall  then 
make  proclamation  in  these  or  like  words : — "  In  the  name  of  the 
State  of  New  Hampshire,  every  person  here  assembled  is  com- 
manded to  disperse  immediately,  and  depart  peaceably  to  his  home 
or  lawful  employment." 

Sec.  4.  If  any  person  shall  continue  so  unlawfully,  riotously 
and  tumultuously  assembled  after  proclamation  made  by  such 
peace  officer  as  aforesaid,  or  shall  wilfully  obstruct  or  assault  such 
officer  known  or  openly  declared  by  himself  to  be  such,  in  making 
such  proclamation,  he  shall  be  punished  by  fine  not  exceeding  one 
thousand  dollars,  and  by  imprisonment  in  the  common  jail  not 
exceeding  one  year. 


CHAPTER  31tf. 


OF  OFFENCES  AGAINST  CHASTITY,  DECENCY  AND  MORALITY. 


Section 

1.  Adultery,  how  punished. 

2.  If  either  unmarried,  punishment. 

3.  Lewdness,  &c.,  how  punished. 

4.  Fornication,  how  punished. 

5.  Cohabiting  if  husband    or  wife  alive, 

how  punished. 

6.  Punishment  in  such  case  excused. 


Section 

7.  Incest  defined  and  punished. 

8.  Blasphemy  defined  and  punished. 

9.  Profane  swearing  punished. 

10.  Digging  up  dead  body,  punished. 
IL  Injuring  tombs,  &c.,  punished. 
12.  Cruelty  to  animals  punished. 


Section  1.  If  any  person  shall  commit  the  crime  of  adultery, 
such  person  shall  be  punished  by  imprisonment  in  the  common  jail 
not  exceeding  one  year,  and  fine  not  exceeding  five  hundred 
dollars. 

Sec.  2.  If  any  married  man  or  woman  shall  commit  an  act,  or 
have  a  connection  with  an  unmarried  person,  which  would  consti- 
tute adultery,  if  both  were  married,  such  married  woman  or  the 
man  so  off'ending,  shall  be  guilty  of  adultery  and  punished  accord- 
ingly. 

Sec  3.  If  any  man  or  woman  shall  be  guilty  of  open,  gross 
lewdness,  or  lascivious  behavior,  such  person  shall  be  punished 
by  imprisonment  in  the  common  jail  not  exceeding  six  months, 
and  a  fine  not  exceeding  two  hundred  dollars,  and  shall  also  recog- 
nize, with  sufficient  sureties,  to  be  of  good  behavior  for  a  term  not 
exceeding  three  years. 

Sec  4.  Any  person  who  shall  be  guilty  of  fornication,  shall  be 
punished  by  fine  not  exceeding  fifty  dollars,  or  imprisonment  in 


CHAP.  219.]      OFFENCES    AGAINST    I'UBLIC    iMORALS.  445 

the  common  jail  not  exceeding  six  months  ;  but  no  person  shall  be 
so  convicted  solely  upon  the  testimony  of  a  partner  in  guilt. 

Sec.  5.  If  any  person  having  a  husband  or  wife  alive,  shall  mar- 
ry or  cohabit  with  any  other  person,  such  person  so  marrying  or 
cohabiting,  shall,  except  in  the  cases  specified  in  the  following  sec- 
tion, be  punished  as  in  case  of  adultery. 

Sec.  6.  The  provisions  of  the  preceding  section  shall  not  ex- 
tend to  any  person  whose  husband  or  wife  shall  be  absent,  and  not 
heard  of  or  from  for  the  space  of  three  years  together,  or  shall  be 
reported  and  generally  believed  to  be  dead,  or  to  any  person  legal- 
ly divorced,  or  where  the  former  marriage  took  place  within  the 
age  of  consent. 

Sec  7.  All  persons,  being  within  the  degrees  of  consanguinity 
or  affinity,  in  which  marriages  are  prohibited  or  declared  by  law  to 
be  incestuous,  who  shall  intermarry  with  or  carnally  know  each 
other,  shall  be  punished  as  in  case  of  adultery. 

Sec  8.  If  any  person  shall  openly  deny  the  being  of  a  God,  or 
wilfully  blaspheme  the  name  of  God,  Jesus  Christ  or  the  Holy 
Ghost,  or  shall  curse  or  reproach  the  word  of  God  contained  in  the 
canonical  books  of  the  old  and  new  testaments,  he  shall  be  fined 
not  exceeding  two  hundred  dollars,  and  may  be  holden  to  recog- 
nize, with  sureties,  for  his  good  behavior  for  a  term  not  exceed- 
ing one  year. 

Sec  9.  If  any  person  shall  profanely  curse  or  swear,  he  shall  be 
fined  one  dollar  for  such  offence,  and  for  any  offence  subsequent 
to  such  conviction,  double  said  sum,  and  in  default  of  payment  of 
any  such  fine  shall  be  committed  to  the  house  of  correction  for  a 
space  not  exceeding  ten  days ;  but  no  prosecution  shall  be  sustain- 
ed, unless  commenced  within  ten  days  after  the  commission  of  the 
offence. 

Sec  10.  If  any  person  not  authorized  by  the  selectmen,  over- 
seers of  the  poor,  or  a  justice  of  the  peace  of  the  town,  or  by  any 
law,  or  by  a  relative  or  friend  for  the  purpose  of  reinterment,  shall 
dig  up,  remove  or  convey  away  any  human  body  or  the  remains 
thereof,  or  shall  conceal  the  same,  knowing  it  to  have  been  so 
illegally  dug  up,  he  shall  be  punished  by  confinement  to  hard  labor 
not  exceeding  one  year,  or  by  fine  not  exceeding  two  thousand 
dollars,  and  by  imprisonment  in  the  common  jail  not  exceeding 
one  year. 

Sec  11.  If  any  person  shall  wrongfully  destroy,  mutilate,  de- 
face, injure  or  remove  any  tomb,  monument,  grave  stone  or  other 
structure  in  any  place  used  or  intended  for  the  burial  of  the  dead, 
or  any  fence,  railing  or  curb  for  the  protection  of  any  such  struc- 
ture, or  any  enclosure  for  any  such  place  of  burial,  or  shall  wrong- 
fully injure,  cut,  remove  or  destroy  any  tree  or  shrub  growing 
within  any  such  enclosure,  he  shall  be  punished  by  imprisonment 
in  the  common  jail  not  exceeding  six  months,  or  by  fine  not  ex- 
ceeding five  hundred  dollars,  or  by  both  of  said  punishments. 


416 


OFFENCES    AGAINST    PUBLIC    POLICY.     [xiTLE  XXVI. 


Sec.  12.  If  any  person  shall  wilfully  and  maliciously  kill,  maim, 
beat  or  wound  any  horse,  cattle,  sheep  or  swine,  he  shall  be  pun- 
ished by  fine  not  exceeding  one  hundred  dollars,  or  by  imprison- 
ment not  exceeding  ninety  days,  or  by  both  of  such  punishments. 


CHAPTER  S20. 


OF  OFFENCES  AGAINST  PUBLIC  POLICY. 


Section 

1.  Lotteries  forbidden  and  punished. 

2.  Selling  lottery  tickets,  &c.,  punished. 

3.  Gaming  house,  penalty  for  keeping. 


Section 

4.  Winning  over  $5'00,  punishment. 

5.  "  under  $o'00,  punishment. 


Section  1.  If  any  person  shall  make  or  put  up  any  lottery,  or 
sliall  dispose  of  any  estate,  real  or  personal,  by  lottery,  he  shall  be 
fined  not  exceeding  five  hundred  dollars,  nor  less  than  fifty  dollars. 

Sec.  2.  If  any  person  shall  sell,  dispose  of,  ofler  or  keep  for  sale 
any  ticket  or  part  thereof  in  any  lottery,  or  shall  print  or  publish 
an  account  thereof,  or  of  the  place  where  or  person  by  whom  any 
ticket  therein  or  any  part  of  such  ticket  is  kept  for  sale,  or  to  be 
otherwise  disposed  of,  he  shall  be  fined  not  exceeding  one  hundred 
dollars,  nor  less  than  twenty-five  dollars. 

Sec.  3.  If  any  person  shall  keep  any  gaming  house  or  place, 
and  shall  suffer  and  permit  any  person  to  play  at  cards,  dice,  bil- 
liards, or  at  any  bowling  alley  or  any  game  whatever  therein,  for 
money,  hire,  gain  or  reward,  or  to  bet  on  the  hands  or  sides  of 
such  as  are  so  playing,  such  person  shall  be  punished  by  a  fine  not 
less  than  ten  dollars,  nor  more  than  two  hundred  [dollars,]  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year. 

Sec.  4.  Every  person  who  shall  be  convicted  of  winning  at  any 
one  time  or  sitting,  by  gaming  or  by  betting  on  the  sides  or  hands 
of  such  as  are  gaming,  any  money  or  goods  to  the  value  of  five 
dollars  or  more,  and  of  receiving  the  same  or  any  security  therefor, 
shall  forfeit  to  the  use  of  the  town  where  the  ofience  shall  have 
been  committed,  double  the  value  of  the  money  or  goods  so  won 
and  received. 

Sec.  5.  Every  person  who  shall  be  convicted,  on  complaint  be- 
fore a  justice,  of  winning  as  aforesaid,  any  money  or  goods  of  less 
value  than  five  dollars  and  of  receiving  the  same  or  any  security 
therefor,  shall  forfeit  to  the  use  of  the  town  where  such  offence  is 
committed,  not  less  than  two  dollars  nor  more  than  ten  [dollars.] 


V3 


CHAP.   221.]  CRIMES — GENERAL    PROVISIONS. 


447 


CIS  AFTER  StSa. 


GENERAL  PROVISIONS  CONCERNING  CRIMES. 


Section 

1.  Accessories,  how  punished. 

2.  Attempt  to  commit  capital  offence. 


Section 

3.  Attempt  to  commit  offence  not  capital. 

4.  "         by  hiring,  «fcc.,  punished. 


Section  1.  If  any  person  shall  aid  in,  counsel,  hire  or  procure 
the  commission  of  any  offence,  or  shall  be  accessory  thereto  before 
or  after  the  fact,  he  shall  be  punished  in  the  same  manner  as  the 
principal  offender,  and  may  be  tried  and  convicted  thereof,  either 
before  or  after  the  conviction  of  the  principal  offender. 

Sec.  2.  If  any  person  shall  attempt  the  commission  of  any  of- 
fence which  may  be  punishable  by  confinement  to  hard  labor  for 
life,  he  shall  be  punished  by  solitary  imprisonment  not  exceeding 
six  months,  and  confinement  to  hard  labor  not  exceeding  ten  years 
nor  less  than  one  year. 

Sec.  3.  If  any  person  shall  attempt  the  commission  of  any  other 
offence,  he  shall  be  liable  to  a  punishment  not  exceeding  one  half 
of  that  which  may  be  inflicted  for  the  commission  of  the  same 
offence. 

Sec.  4.  If  any  person  shall  attempt  t?ie  commission  of  any 
offence  by  the  counsel,  hiring  or  procurement  of  any  other  person, 
the  person  so  coimselling,  hiring  or  procuring  such  attempt,  shall 
be  pimished  in  the  same  manner  as  the  person  making  such 
attempt. 


448 


CRIMINAL   JURISDICTION    OF   JUSTICES.   [TITLE  XXVII. 


TITL.E  XXVII. 

OF   PROCEEDINGS  IN  CRIMINAL  CASES. 


Chapter  222.  Of  criminal  jurisdiction  of  justices  of  the  peace. 

Chapter  223.  Of  fugitives  from  justice. 

Chapter  224.  Of  coroners'  inquests. 

Chapter  225.  Of  proceedings  in  criminal  cases. 


CHAPTER  322. 


OF  CRIMINAL  JURISDICTION  OF  JUSTICES  OF  THE  PEACE. 


Sec 
1. 


TION 

Jurisdiction  of  justices. 

Appeals  allowed  to  court  of  common 

pleas,  how. 
OfFenders,  when  to  be  committed. 
Copy  of  complaint,  &c.,  to  be  made 

and  lodged  in  court. 
Witnesses  to  be  recognized. 
Refusing  to  recognize,  committed. 
Examination  may  be  postponed. 
Justice    may    apprehend    on    view, 

when. 
Justice  may  bind   over  to  Tieep  the 

peace. 


Section 

10.  Proceedings  to  be  on  complaint. 

11.  Fines,  &c.,  to  be  paid  over,  how. 

12.  Search  warrants  in  day  time. 

13.  Search  warrants  in  night  time. 

14.  Justice  may  authorize  disinterment. 

15.  Fugitives  from  justice,  complaint. 

16.  "         how  arrested  and  remanded. 

17.  Justice  throughout  the  State,  powers. 

18.  Proceedings  before  such  justice. 

19.  Officers,  their  powers  on  warrants. 

20.  Recognizances  forfeited,  proceedings 

thereon. 

21.  Costs  on  prosecutions,  how  paid. 


Section  1.  Every  justice  is  authorized  to  hear  and  determine 
prosecutions  and  actions  of  a  criminal  nature,  arising  within  his 
county,  where  the  punishment  is  by  fine  not  exceeding  ten  dollars, 
and  to  issue  a  warrant  to  carry  his  judgment  into  effect  in  case  no 
appeal  is  taken. 

Sec.  2.  Any  person  sentenced  by  a  justice  as  aforesaid  for  any 
offence,  may  appeal  from  such  sentence  to  the  next  court  of  com- 
mon pleas  to  be  holden  in  the  same  county,  but  such  appeal  must 
be  claimed  at  the  time  of  declaring  the  sentence  ;  and  the  appel- 
lant shall  enter  into  recognizance,  with  sufficient  sureties,  in  a  rea- 
sonable sum  not  exceeding  one  hundred  dollars,  for  his  appearance 
at  said  court,  and  to  prosecute  his  appeal  with  effect,  and  to  abide 
the  order  of  court  thereon,  and  in  the  mean  time  to  be  of  good 
behavior ;  otherwise  such  appeal  shall  not  be  granted. 

Sec.  3.  Any  justice  may  cause  to  be  apprehended  and  committed 
to  jail,  or  bound  over,  with  sufficient  sureties,  for  trial  by  the  court 


CHAP.  222]     CRIMINAL    JURISDICTION    OF   JUSTICES.  449 

of  common  pleas  in  such  county,  all  persons  charged  with  offences 
committed  in  such  county,  exceeding  his  jurisdiction  to  try. 

Sec.  4.  In  the  cases  mentioned  in  the  two  preceding  sections, 
the  justice  shall  make  out  a  certified  copy  of  the  process  and 
records  in  the  cause,  and  file  the  same  with  the  clerk  of  said  court 
on  or  before  the  first  day  of  the  next  term  thereof. 

Sec  5.  Whenever  any  justice  shall  commit  or  bind  over  any 
person  for  trial  as  aforesaid,  he  shall  take  the  recognizance  of  all 
necessary  witnesses  who  appear  before  him,  for  their  appearance  at 
said  court  of  common  pleas,  in  such  sum  as  he  may  think  reason- 
able. 

Sec.  6.  If  any  person,  upon  being  ordered  by  any  justice  to  re- 
cognize, shall  neglect  or  refuse  so  to  do,  the  justice  may  issue  his 
warrant,  and  order  such  person  to  be  committed  to  jail  until  he 
comply  with  such  order. 

Sec  7.  When  any  person  is  brought  before  any  justice,  charged 
with  any  offence,  said  justice  may  postpone  the  examination  there- 
of, if  necessary,  to  some  future  time,  and  may  take  the  recogni- 
zance of  the  parties  and  witnesses,  for  their  appearance  at  the  time 
and  place  to  which  such  examination  is  postponed. 

Sec  8.  Every  justice  upon  the  view  of  any  breach  of  the  peace, 
or  other  transgression  of  law  proper  for  his  cognizance,  or  when  ne- 
cessary for  the  preservation  of  the  peace,  may  command  any  officer 
or  other  person  to  bring  before  him  any  such  offender,  to  be  kept 
until  complaint  can  be  made  against  him,  and  may  order  such  of- 
fender to  find  sureties  to  keep  the  peace,  until  the  next  term  of  the 
court  of  common  pleas  in  the  said  county.  If  any  person  shall 
refuse  to  obey  any  such  command,  he  shall  be  subject  to  the  same 
penalty  as  for  disobeying  an  officer. 

Sec.  9.  Any  justice  may  order  any  person  arrested  for  a  crimi- 
nal offence,  or  against  whom  a  complaint  under  oath  has  been 
made  by  any  other  person  fearing  injury  to  his  person  or  pro- 
perty, to  find  sureties  to  keep  the  peace  until  the  next  term  of  the 
court  of  common  pleas  for  the  same  county,  and  to  pay  costs  of 
prosecution,  and  may  commit  such  person  for  neglect  thereof. 

Sec  10.  All  proceedings  before  a  justice  shall  be  on  complaint 
duly  signed  and  sworn  to  before  some  justice,  Avho  shall  issue  his 
warrant  thereon. 

Sec  11.  Every  justice  shall  pay  over  to  the  town  or  county  to 
which  any  fine  or  forfeiture  accrues,  every  such  fine  or  forfeiture 
by  him  received,  within  six  months  after  the  receipt  of  the  same, 
or  to  the  person  to  whom  the  same  is  payable,  on  demand,  and  on 
default  thereof  shall  forfeit  double  the  amount  thereof  to  any  per- 
son who  will  sue  therefor. 

Sec  12.  Any  justice,  upon  complaint  on  oath  made  by  any  per- 
son, that  he  suspects  that  any  personal  property  stolen,  embezzled 
or  falsely  obtained,  or  any  oftender  or  the  subject  matter  of  any 
offence,  is  concealed  in  any  place  or  in  one  of  several  places  there- 
57 


450  CRIMINAL   JURISDICTION    OF    JUSTICES.   [TITLE  XXVII. 

in  specified,  may  grant  a  warrant  for  searching  such  place  or  places 
in  the  day  time. 

Sec.  13.  Upon  like  complaint  and  satisfactory  evidence  that  any 
such  property  or  thing,  or  any  criminal  is  concealed  in  any  par- 
ticular house  or  place,  and  may  escape  or  be  removed  before  day, 
such  justice  may  grant  a  warrant  for  searching  such  house  or  place 
in  the  night  time. 

Sec.  14.  Any  justice,  upon  complaint  made  on  oath  by  any 
person,  setting  forth  that  he  has  reasonable  grounds  for  suspecting 
that  any  deceased  person  who  has  been  interred,  came  to  his  death 
by  some  unlawful  means,  may  issue  his  warrant  requiring  that 
such  body  shall  be  disinterred  and  examined,  and  may  summon 
and  examine  witnesses  in  relation  to  the  truth  of  such  complaint. 

Sec.  15.  When  any  person  against  whom  a  warrant  is  issued, 
for  an  alleged  offence  committed  in  any  county  in  this  State,  shall 
not  be  found  in  such  county,  but  shall  be  found  in  some  other 
county  in  this  State,  any  justice  of  the  county  in  which  such 
offender  is  found,  upon  application  made  to  him,  and  proof  that 
such  warrant  issued  from  lawful  authority,  shall  issue  his  warrant 
directed  to  all  proper  officers  in  his  county,  directing  them  to  arrest 
such  offender,  and  convey  him  to  some  justice  in  and  for  the  coun- 
ty from  which  such  warrant  issued,  for  examination,  or  deliver  him 
to  the  sheriff  or  his  deputy  of  such  county,  to  be  by  him  conveyed 
to  such  justice  for  the  purpose  aforesaid. 

Sec  16.  Any  such  ofiender  may  be  arrested  in  any  county  in 
this  State,  by  any  officer  to  whom  such  warrant  was  originally 
directed,  and  carried  before  any  justice  in  and  for  such  county, 
who,  upon  proof  that  such  process  was  duly  issued,  shall,  by  his 
warrant  directed  to  such  officer,  send  such  offender  into  the  county 
in  which  such  original  warrant  issued,  for  examination  according 
to  law. 

Sec.  17.  Any  justice  of  the  peace  throughout  the  State  may 
receive  a  complaint  for  an  offence  committed  in  any  county  in  this 
State,  and  may  issue  his  warrant  thereon,  directed  to  the  sheriff  of 
any  county  in  this  State  or  his  deputy,  or  any  proper  officer, 
authorizing  such  officer  to  apprehend  such  offender,  and  to  bring 
him  before  such  justice  or  some  justice  in  and  for  the  county  in 
which  the  offence  was  committed,  for  examination. 

Sec  18.  Such  justice  may  order  such  offender  to  recognize, 
with  sufficient  sureties,  to  appear  at  the  court  of  common  pleas 
next  to  be  holden  in  and  for  the  county  in  which  the  offence  was 
committed,  and  to  answer  to  said  complaint,  and  to  abide  the  order 
of  court  thereon,  or  may  commit  such  offender  to  the  jail  in  such 
county,  as  is  herein-before  provided. 

Sec.  19.  If  any  precept  is  directed  to  any  officer  by  any  justice, 
and,  in  the  execution  thereof,  it  shall  be  necessary  for  such  officer 
to  pass  through  any  town  or  county,  in  which  such  officer  has  no 
general  authority  to  act,  such  officer  may  pass  and  convey  any 


CHAP.  223.] 


FUGITIVES    FROM    JUSTICE, 


451 


offender  through  such  town  or  county,  and  shall  be  entitled  to  all 
the  rights  and  subject  to  all  the  liabilities  of  an  officer  within  such 
limits. 

Sec.  20.  If  any  person  under  recognizance  to  appear  before  any 
justice,  shall  fail  to  appear  accordingly,  or  to  abide  the  order  of 
such  justice,  the  justice  shall  make  a  record  thereof  and  declare 
said  recognizance  to  be  forfeited,  and  shall  file  a  copy  of  such 
recognizance,  and  record  of  forfeiture  thereon,  with  the  clerk  of 
the  court  of  common  pleas  in  such  county,  on  or  before  the  first 
day  of  the  next  term  of  said  court. 

Sec.  21.  All  legal  costs  attending  the  arrest,  examination  or  con- 
veyance of  any  offender,  shall  be  paid  by  the  complainant,  unless 
the  same  is  directed  by  the  counsel  for  the  State,  or  allowed  by  the 
court  of  common  pleas. 


CHAPTER  S23. 


OF  FUGITIVES  FROM  JUSTICE. 


Section 

1.  Fugitives  to  be  delivered,  when. 

2.  Proceedings,  if  offence  is  capital. 

3.  "  "        "        is  not  capital. 

4.  Prisoner  discharged  unless  demanded, 

when  and  how. 

5.  Prisoner  may  be  arrested,  when. 

6.  Complainant  to  pay  costs,  when. 


Section 

7.  Governor  to  examine  into  cause. 

8.  When  to  deliver  up  and  how. 

9.  Prisoner  may  be  carried  through  the 

State,  when  and  how. 

10.  Mode  of  proceeding  in  such  case. 

11.  Powers  of  officers  in  such  cases. 

12.  Penalty  for  obstructing  officer. 


Section  1,  Whenever  any  person  shall  be  found  within  this 
State,  charged  with  any  offence  committed  in  any  other  state,  and 
liable  by  the  constitution  and  laws  of  the  United  States  to  be  de- 
livered over,  upon  the  demand  of  the  executive  of  such  state,  any 
court  or  magistrate  authorized  to  issue  warrants  in  criminal  cases, 
may,  upon  complaint  on  oath  setting  forth  the  offence,  and  such 
other  matters  as  are  necessary  to  bring  the  case  within  the  provi- 
sions of  the  law,  issue  a  warrant  to  bring  the  person  so  charged 
before  him,  or  some  other  court  or  magistrate  within  the  State,  to 
answer  to  such  complaint,  as  in  other  cases. 

Sec.  2.  If,  upon  examination,  it  shall  appear  to  such  court  or 
magistrate,  that  there  is  reasonable  cause  to  believe  that  the  com- 
plaint is  true,  and  that  such  person  may  be  lawfully  demanded  of 
the  executive  of  this  State,  he  shall,  if  charged  with  a  capital  of- 
fence, be  committed  to  jail,  there  to  be  detained  until  a  future  day 
which  shall  be  so  appointed  and  fixed,  as  to  allow  a  reasonable  time 
to  obtain  the  warrant  of  the  executive  of  such  other  state. 

Sec.  3.  If  such  person  is  charged  with  an  oifence  not  capital, 


452  FUGITIVES     FROM    JUSTICE.  [TITLE  XXVII. 

the  court  or  magistrate  may  order  him  to  recognize,  with  sufficient 
sureties,  to  appear  at  a  day  so  appointed ;  and  if  such  person  shall 
fail  to  recognize,  may  commit  him  to  jail,  there  to  be  detained  not 
exceeding  thirty  days,  unless  sooner  discharged  by  due  course  of 
law.  If  any  person  so  recognizing,  shall  fail  to  appear,  according 
to  the  condition  of  his  recognizance,  he  shall  be  defaulted,  and  the 
like  proceedings  had  as  in  case  of  other  recognizances. 

Sec.  4.  If  the  person  so  recognized  or  committed,  shall  appear 
before  the  court  or  magistrate  upon  the  day  ordered,  he  shall  be 
discharged,  unless  he  shall  be  demanded  by  some  person  authorized 
by  the  warrant  of  the  executive  to  receive  him. 

Sec.  5.  Any  person  authorized  by  warrant  of  the  executive, 
may  take  such  offender  into  custody  at  any  time,  whether  recog- 
nized, committed  or  discharged,  and  such  taking  shall  be  a  dis- 
charge of  the  recognizance,  if  any,  and  shall  not  be  deemed  an 
escape. 

Sec.  6.  The  complainant  in  every  such  case  shall  pay  all  the 
actual  costs  and  charges,  and  for  the  support  in  jail  of  any  person 
committed  as  aforesaid,  at  the  rate  of  one  dollar  and  fifty  cents  per 
week,  and  shall  advance  the  money  therefor  from  time  to  time,  or 
give  to  the  jailer  satisfactory  security  therefor.  If  the  complainant 
shall  neglect,  for  twenty-four  hours  after  he  is  required  by  the  jail- 
er, to  give  such  security  or  advance  the  money  for  the  support  of 
the  person  so  committed,  the  jailer  may  discharge  him. 

Sec  7.  When  a  demand  shall  be  made  upon  the  executive  au- 
thority of  this  State  by  the  executive  of  any  other  state,  in  any 
case  authorized  by  the  constitution  and  laws  of  the  United  States, 
for  the  delivery  over  of  any  person  charged  in  such  state  with  trea- 
son or  other  crime,  the  attorney  general  or  any  other  prosecuting 
officer,  when  required  by  the  governor,  shall  forthwith  investigate 
the  grounds  of  such  demand,  and  report  to  the  governor  all  mate- 
rial facts  which  may  come  to  his  knowledge,  as  to  the  situation 
and  circumstances  of  the  person  so  demanded  ;  and  especially 
whether  he  is  held  in  custody,  or  is  under  recognizance  to  answer 
for  any  offence  against  the  laws  of  the  United  States  or  of  this 
State,  or  by  force  of  any  civil  process,  and  also  whether  such  de- 
mand is  made  conformably  to  law,  so  that  such  person  ought  to  be 
delivered  up. 

Sec  8.  If  the  governor  shall  be  satisfied  that  the  demand  is 
conformable  to  law,  and  ought  to  be  complied  with,  he  shall  issue 
his  warrant,  under  the  seal  of  the  State,  authorizing  the  agent  who 
shall  make  such  demand,  either  forthwith  or  at  such  time  as  shall 
be  designated  in  the  warrant,  to  take  and  transport  such  person  to 
the  line  of  this  State,  at  the  expense  of  such  agent,  and  shall  also, 
by  such  warrant,  require  the  civil  officers  within  this  State  to  afford 
all  needful  assistance  in  the  execution  thereof. 

Sec  9.  When  any  offender  shall  be  apprehended  in  any  neigh- 
boring State,  and  it  may  be  necessary  to  carry  him  through  this 


CHAP.  224] 


CORONER  S    INQUESTS. 


453 


State  to  the  place  where  the  offence  was  committed,  any  justice  in 
this  State,  upon  apphcation  made,  and  proof  that  lawful  process 
has  issued  against  such  offender,  shall  issue  a  warrant  under  his 
hand  and  seal,  directed  to  any  sheriff  or  his  deputy,  or  to  any  per- 
son by  name,  who  shall  be  sworn  to  the  faithful  performance  of  his 
duty,  authorizing  such  conveyance. 

Sec.  10.  Such  person  or  officer  shall  cause  such  offender  to  be 
conveyed  to  the  line  of  this  State  next  to  the  state  where  the 
offence  was  committed,  there  to  be  delivered  to  some  proper  officer 
ready  to  receive  him  ;  and  all  persons  to  whom  such  warrant  may 
be  directed  are  required  to  obey  such  order  upon  payment  or  tender 
of  the  lawful  fees  therefor. 

Sec.  11.  Any  sheriff,  deputy  sheriff,  constable  or  other  officer 
of  justice  of  any  neighboring  state,  with  his  assistants,  in  the  exe- 
cution of  any  lawful  process  issuing  from  and  returnable  to  any 
court  in  such  state,  may  pass  himself  and  convey  such  persons  or 
things,  as  he  may  have  in  his  custody  by  virtue  of  any  such  law- 
ful process,  through  this  State,  in  as  full  and  ample  a  manner  as 
any  officer  of  this  State  might  do. 

Sec.  12.  If  any  person  shall  assault  or  obstruct  any  such  officer 
or  his  assistant,  passing  through  this  State  in  the  execution  of  any 
such  process,  he  shall  be  liable  to  the  same  punishment  as  if  such 
person  were  an  officer  of  this  State. 


CHAPTER  224. 


OF  CORONER'S  INQUESTS. 


Section 

1.  Coroner's  inquests,  when  holden. 

2.  Jury  to  be  summoned  ;  form. 

3.  Service  of  summons,  how  made. 

4.  Juror  not  attending,  penalty. 

5.  Vacancies  injury,  how  filled. 

6.  Oath  of  jurors,  form. 

7.  Witnesses  to  be  summoned,  how. 

8.  Jury  to  be  charged  ;  duties. 


Section 
9,  Proclamation  to  be  made. 

10.  Oath  of  witnesses,  form. 

1 1 .  Witnesses  examined,  recognized. 

12.  Verdict  of  jury  and  return. 

13.  Form  of  inquisition. 

14.  If  offender  not  in  custody,  duty. 

15.  Body  to  be  buried  by  coroner. 


Section  1.  It  shall  be  the  duty  of  the  coroner  to  take  an  in- 
quest, upon  the  view  of  the  dead  body  of  any  person  whose  death 
is  supposed  to  have  been  occasioned  by  violence  or  casualty,  within 
the  county  for  which  he  is  commissioned,  whenever  the  majority 
of  the  selectmen  of  the  town  in  which  such  dead  body  is  found, 
shall  in  writing  signed  by  them,  authorize  the  same. 


454  coroner's  inquests.  [title  XXVll. 

Sec.  2.  In  every  such  case  the  coroner  shall  issue  a  summons 
directed  to  three  reputable  persons,  one  of  whom  shall  be  a  justice 
of  the  peace,  requiring  tliem  to  appear  before  him  at  a  time  and 
place  therein  specified,  as  jurors,  to  inquire  into  the  cause  of  such 
death,  which  summons  shall  be  in  substance  as  follows : 

THE    STATE    OF    NEW    HAMPSHIRE. 

SS. 

To  Greeting. 

In  the  name  of  the  State  of  New  Hampshire,  you  are  hereby 
required  to  appear  before  me  one  of  the  coroners  of  the 

county  of  at  the  dwelling  house  of  (or,  at  the  place 

called  )  within  said  town  of  on  the         day  of 

at         o'clock  in  the  noon,  then  and  there  to  inquire  upon  a 

view  of  the  body  of  (or,  a  person  unknown)  there  lying 

dead,  how  and  in  Avhat  manner  he  came  to  his  death.     Fail  not 
of  appearance  at  your  peril. 

Given  under  my  hand  and  seal  at  in  said  county,  the 

day  of  A.  D.  18     . 

Coroner. 

Sec.  3,  Service  of  such  summons  may  be  made  upon  such 
jurors  by  any  sheriff,  deputy  sheriff  or  constable  authorized  to 
serve  precepts  within  such  precinct,  by  reading  the  same  to  every 
such  juror,  or  by  giving  him  a  true  and  attested  copy  thereof  in 
hand,  and  shall  make  return  thereof  to  the  coroner  at  the  time  and 
place  of  hearing. 

Sec  4.  If  any  person  summoned  as  juror  as  aforesaid,  shall, 
without  reasonable  excuse,  fail  of  appearance,  or  if  any  officer 
shall,  without  sufficient  cause,  fail  to  make  due  service  or  return 
of  any  such  summons,  he  shall  forfeit  ten  dollars. 

Sec.  5.  If  any  person  named  in  such  summons  shall  fail  to 
attend  at  the  time  and  place  of  taking  such  inquest,  the  coroner 
shall  require  the  officer  in  attendance,  or  some  other  person,  to 
return  jurors  from  the  by-standers  to  complete  the  number. 

Sec  6.  The  coroner  shall  administer  to  the  jurors  who  are 
assembled,  the  following  oath  : 

"  You  solemnly  swear  that  you  will  diligently  inquire,  and  due 
presentment  make,  in  behalf  of  this  State,  how  and  in  what  man- 
ner who  here  lies  dead,  came  to  his  (or  her)  death ;  and 
that  you  will  deliver  to  me,  ,  one  of  the  coroners  of  this 
county,  a  true  inquest  thereof,  according  to  such  evidence  as  shall 
be  laid  before  you,  and  according  to  yom  knowledge.  So  help 
you  God." 

Sec  7.  The  coroner  may  issue  a  subpoena  for  any  witness,  or 
compulsory  process,  if  necessary,  to  be  issued  and  served  in  the 


CHAP.  2-24]  coroner's   inquests.  455 

same  manner  as  any  justice  of  the  peace  might  do  upon  a  com- 
plaint in  behalf  of  the  State  before  him,  and  the  powers,  duties 
and  liabilities  of  the  coroner,  officer  or  witness  shall  be  the  same 
as  upon  such  complaint. 

Sec.  8.  The  jurors  having  been  sworn,  the  coroner  shall  give  them 
a  charge,  upon  their  oaths,  to  declare  of  the  death  of  the  person, 
whether  he  died  of  felony,  mischance  or  accident ;  and  if  of  felony, 
whether  he  died  of  his  own  or  of  another  ;  if  of  the  felony  of 
another,  who  were  the  principals  and  who  accessaries,  with  what 
instrument  he  was  struck  or  wounded,  and  all  important  circum- 
stances ;  if  he  died  of  his  own  felony,  the  manner,  means  and 
instrument  thereof,  and  all  circumstances  attending  it  ;  if  by  mis- 
chance or  accident,  how  and  in  what  manner ;  and  in  all  cases,  to 
inquire  whether  he  was  killed  in  the  place  where  found,  or  else- 
where ,  and  if  elsewhere,  how  and  by  whom  he  came  to  such 
,  place  ;  and  every  fact  relating  to  the  cause  of  death  which  the 
finder  of  the  body  or  any  other  person  may  know. 

Sec  9.  The  jurors  being  charged  shall  stand  together,  and  the 
coroner  shall  cause  proclamation  to  be  made,  for  all  persons  who 
can  give  evidence  how  and  in  what  manner  the  person  then  and 
there  lying  dead,  came  to  his  death,  to  draw  near  and  be  sworn. 

Sec.  10.  The  coroner  shall  administer  to  every  witness  the  fol- 
lowing oath : 

"  You  solemnly  swear  that  the  testimony  which  you  shall  give 
to  this  inquest,  concerning  the  death  of  here  lying  dead, 

shall  be  the  whole  truth  and  nothing  but  the  truth.  So  help  you 
God." 

Sec.  11.  The  testimony  of  every  witness  shall  be  drawn  up  in 
writing,  and  subscribed  by  him ;  and  if  his  testimony  charge  any 
person  with  killing  or  being  in  any  way  instrumental  in  the  death 
of  the  person  so  found  dead,  the  coroner  shall  bind  such  witness 
by  recognizance,  in  a  reasonable  sum,  for  his  personal  appearance  at 
the  next  term  of  the  court  of  common  pleas  for  the  same  county, 
there  to  give  evidence  accordingly  ;  if  such  witness  shall  refuse  to 
recognize  as  aforesaid,  the  coroner  shall  commit  him  to  the  common 
jail. 

Sec.  12.  The  jury  having  viewed  the  body,  heard  the  evidence 
and  made  all  the  inquiry  in  their  power,  shall  draw  up  and  deliver 
to  the  coroner  their  verdict  upon  such  death  in  writing  under  their 
hands,  and  the  coroner  shall  set  his  hand  and  seal  thereto,  and  shall 
return  the  same  with  all  recognizances,  if  any,  by  him  taken,  to 
the  next  term  of  the  court  of  common  pleas  holden  within  and  for 
the  same  county. 

Sec.  13.  The  form  of  the  inquisition  shall  be  in  substance  as 
follows : 


456  coroner's  inquests.  [title  xxvii. 

THE    STATE    OF    NEW    HAMPSHIRE. 

R.  ss.       All  inquisition  taken  at  in  said  county,  the 

day  of  in  the  year  of  our  Lord  before 

one  of  the  coroners  of  said  county,  upon  the  view  of  the  body  of 

there  lying  dead,  by  the   oaths  of  a  justice  of  the 

peace  for  said  county,  and  of  and  all  repiUable  persons, 

who  being  sworn  and  charged  to  inquire  for  the  State  when,  how 
and  by  what  means  the  said  came  to  his  death,  upon  their 

oaths  do  say  (here  insert  how,  where,  when,  by  what  means 
and  with  what  instrument  the  death  occurred.)  So  the  jurors 
aforesaid  upon  their  oaths  aforesaid  do  say  (here  insert  the  follow- 
ing in  case  of  murder:)  that  the  said  (or  some  person  to 
the  jurors  unknown)  in  manner  and  form  aforesaid,  the  aforesaid 

then  and  there,  of  his  malice  aforethought,  did  kill  and 
murder,  against  the  peace  and  dignity  of  the  State  ;  (in  case  of 
self  murder  insert  instead:)  that  the  said  in  manner  and  form 

aforesaid  then  and  there  voluntarily  and  feloniously,  as  a  felon  of 
himself,  did  kill  and  murder  himself,  against  the  peace  and  dignity 
of  the  State;  (or  in  case  of  death  by  misfortune  insert  instead,) 
that  the  said  in  manner  aforesaid,  came  to  his  death  by  mis- 

fortune ;  (or  in  case  of  death  happening  innocently  by  the  hands 
of  another  person,  insert   instead :)  that  the  aforesaid  the 

aforesaid  (deceased)  by  misfortune,  and  contrary  to  the  will 

of  the  said  in  manner  and  form  aforesaid  did  kill  and  slay. 

In  witness  whereof  the  said  jurors  have  hereunto  set  their  hands 
the  day  and  year  first  above  written. 


Jurors. 


In  witness  of  all  above  written  the  said  coroner  hath  hereto  set 
his  hand  and  seal  the  same  day  and  year. 

.  (L.    S.) 


Sec.  14.  If  any  person  charged  by  the  inquest  with  having 
caused  the  death  of  the  person  whose  body  lies  dead  before  them, 
shall  not  then  be  in  custody,  the  coroner  shall  forthwith  notify 
some  justice  of  the  peace  of  the  same  county  thereof,  that  such 
person  may  be  apprehended,  examined  and  secured  for  trial  accord- 
ing to  law. 

Sec  15.  Every  coroner,  after  taking  an  inquest  of  the  violent 
or  casual  death  of  any  stranger,  shall  bury  the  dead  body  in  a 
decent  manner,  and  the  expenses  of  such  inquest  and  burial  shall 
be  paid  to  said  coroner  out  of  the  treasury  of  the  county,  upon  his 
certifying  that  the  deceased  was  a  stranger,  on  his  account  being 
examined  and  allowed  by  the  court  of  common  pleas. 


CHAP.  2-25.J        PROCEEDINGS    IN    CRIMINAL    CASES. 


457 


CHAPTER  S25. 


OF  PROCEEDINGS  IN  CRIMINAL  CASES. 


Section 

1.  Offenders  to  be  indicted  before  trial. 

2.  Trial,   where,  if    offence    committed 

partly  in  two  counties. 

3.  Prisoner  indicted  for  capital  offence, 

entitled  to  copy  of  indictment. 

4.  Proceedings,  when    prisoner   stands 

mute. 

5.  Prisoner  may  challenge  jurors. 

6.  State    not    entitled    to    peremptory 

challenge. 

7.  Punishment  of  death,  how  inflicted. 

8.  Solitary  imprisonment,  how  inflicted. 

9.  Punishment    in  cases  where    benefit 

of  clergy  allowed. 

10.  "  on  second  conviction. 

11.  "  on  third  conviction. 

12.  Proceedings    upon   second   or   third 

conviction. 


Section 

13.  Convict  to  be  branded  upon  a  second 

commitment. 

14.  Effect  of  imprisonment  for  life. 

15.  Convict  liable  for  costs  of  prosecu- 

tion. 

16.  Prosecutor  to    receive  compensation 

for  expenses,  when. 

17.  Complainant  may  be  witness. 

18.  Intent  to   defraud,  how  alleged  and 

proved. 
10.  Officers  to  seize  articles  made,  kept 
or  used  unlawfully. 

20.  Neglect    of  duty    by  public    officer, 

penalty  if  no  other  specified. 

21.  Insane  offender,  how  treated. 

22.  "  "  how  supported. 

23.  "  "  how  discharged. 

24.  If  bond  given,  friends  may  claim. 


Section  1.  No  person  shall  be  tried  for  any  offence,  the  punish- 
ment of  which  may  be  death  or  confinement  to  hard  labor,  until  an 
indictment  be  found  against  him  by  the  grand  jury  of  the  county 
in  which  the  offence  was  committed. 

Sec.  2.  If  any  person  shall  be  feloniously  stricken,  wounded  or 
poisoned  in  one  county,  and  shall  die  of  the  same  stroke,  wound 
or  poison  in  another  county ;  or  if  any  person  shall  aid  in  the  com- 
mission of  any  offence,  or  be  accessory  thereto  before  the  fact,  in 
one  county,  which  offence  may  be  committed  by  the  principal 
offender  in  another  county  ;  or  if  parts  of  any  offence  may  be  com- 
mitted in  more  than  one  county ;  in  either  of  said  cases  the  offence 
shall  be  deemed  to  have  been  committed,  and  the  indictment  may 
be  found  and  the  trial  had  in  either  county. 

Sec.  3.  Every  person  indicted  for  any  offence,  the  punishment 
of  which  may  be  death  or  confinement  to  hard  labor  for  life,  shall 
be  entitled  to  a  copy  of  the  indictment  before  he  is  arraigned 
thereon  ;  a  list  of  the  witnesses  to  be  used  on  the  trial,  and  of  the 
jurors  returned  to  serve  on  the  same,  with  the  name  and  place  of 
abode  of  each,  to  be  delivered  to  him  forty-eight  hours  before  the 
trial ;  counsel  learned  in  the  law,  not  exceeding  two,  to  be  assigned 
him  by  the  court  at  his  request,  and  who  shall  have  access  to  him 
at  all  reasonable  hours ;  liberty  to  make  full  defence  by  himself 
and  counsel,  and  to  make  any  proof  by  lawful  witnesses  that  he 
58 


458  PROCEEDINGS    IN    CRIMINAL    CASES.     [XITLE  XXVri. 

may  produce ;  and  process  from  the  com*t  to  compel  such  witness- 
es to  appear  and  testify  at  the  trial,  such  as  is  usually  granted  on 
behalf  of  the   State. 

Sec.  4.  If  any  person  indicted  for  any  offence  which  may  be 
punishable  by  death  or  confinement  to  hard  labor  for  life,  shall 
stand  mute  when  arraigned  thereon,  a  jury  shall  forth Avith  be  em- 
pannelled  and  sworn  to  try  whether  he  stands  mute  by  the  provi- 
dence of  God,  or  wilfully  and  fraudulently.  If  he  stands  mute  by 
the  providence  of  God,  he  shall  be  remanded  to  prison,  and  shall 
not  be  proceeded  against  until  he  has  recovered  therefrom ;  but  if 
he  stands  mute  wilfully  and  fraudulently,  the  trial  shall  proceed  and 
judgment  be  rendered  as  if  he  had  pleaded  not  guilty ;  but  he  shall 
be  allowed  no  challenge  to  the  jurors. 

Sec.  5.  Every  person  arraigned  and  put  on  trial  for  any  offence, 
which  may  be  punishable  by  death  or  by  confinement  to  hard 
labor  for  life,  except  when  standing  mute,  may  challenge  twenty 
of  the  jurors  peremptorily,  and  any  others  for  sufficient  cause. 

Sec.  6.  No  peremptory  challenge  to  jurors  shall  be  allowed  in 
behalf  of  the  State. 

Sec.  7.  The  punishment  of  death  shall  be  inflicted  by  hanging 
the  person  convicted  by  the  neck  until  dead,  and  the  execution 
shall  take  place  within  the  walls  or  yard  of  a  prison  in  the  county 
in  which  he  was  convicted.  The  sherift'  of  the  county  shall  be 
present,  unless  prevented  by  some  unavoidable  casualty,  and  two 
of  his  deputies  to  be  designated  by  him,  and  he  may  require  the 
attendance  and  aid  of  a  military  guard,  or  such  assistants  as  he 
shall  think  necessary.  He  shall  also  request  the  presence  of  the 
attorney  general  or  solicitor,  clerks  of  the  courts  in  the  county, 
and  other  reputable  citizens,  including  a  physician  or  surgeon,  not 
exceeding  tAvelve  ;  and  the  relations  of  the  convict,  his  counsel,  and 
such  priest  or  clergyman  as  he  may  desire  may  be  present,  but  no 
other  person. 

Sec  8.  Every  convict  sentenced  to  solitary  imprisonment,  shall 
suffer  the  whole  thereof  immediately  after  his  commitment  to  the 
state  prison,  unless  the  directors  thereof  shall  think  that  such  im- 
prisonment may  endanger  his  life,  in  Avhich  case  it  shall  be  inflict- 
ed at  such  intervals  as  they  may  order. 

Sec  9.  If  any  person  shall  be  convicted  of  any  offence  at  com- 
mon law,  the  punishment  of  which  by  such  common  law  was 
death,  and  wherein  benefit  of  clergy  has  been  alloAved,  he  shall  be 
punished  therefor  by  fine  not  exceeding  three  thousand  dollars, 
and  by  imprisonment  in  the  common  jail  not  exceeding  two  years, 
or  by  either  of  said  punishments  in  the  discretion  of  the  court. 

Sec.  10.  If  any  person  having  been  convicted  of  an  offence 
punishable  in  any  part,  by  confinement  to  hard  labor  or  imprison- 
ment, and  having  been  confined  or  imprisoned  in  pursuance  of  a 
sentence  thereon,  shall  be  again  convicted  of  any  oflence  punish- 
able in  like  manner,  he  shall  be  liable,  in  addition  to  the  punish- 


CHAP.  225.]         PROCEEDJNUS    IN    CRlMliNAL    CASES.  4^9 

ment  inflicted  for  a  first  offence,  to  a  further  punishment  of  the 
same  kind  and  amount. 

Sec.  11.  If  any  person  having  been  twice  convicted  of  any 
offence  or  offences  punishable  in  any  part,  by  confinement  to  hard 
labor  for  a  term  of  years,  and  imprisoned  in  pursuance  of  sentences 
thereon,  shall  be  again  convicted  of  any  offence  punishable  in  like 
manner,  he  may,  in  addition  to  the  punishment  inflicted  for  a  first 
offence,  be  punished  by  confinement  to  hard  labor  for  life. 

Sec.  12.  In  every  case  described  in  the  two  preceding  sections, 
the  offender  may  be  indicted  therefor,  or  the  attorney  general  or 
solicitor  may  file  an  information  against  such  convict  for  such 
second  or  third  offence,  at  any  time  before  sentence  ;  and  upon 
proof  thereof  he  shall  be  sentenced  accordingly. 

Sec.  13.  Upon  the  commitment  of  any  person  to  the  state  prison 
a  second  time,  the  warden  shall  mark  in  the  arm  of  such  convict, 
with  India  ink  well  and  deeply  inserted,  the  letters  N.  H.  S.  P., 
and  figures  denoting  the  year  in  which  he  is  so  committed,  and  if 
such  mark  sho,ll  be  effaced,  the  warden  shall  renew  the  same  until 
it  be  indelibly  fixed. 

Sec.  14.  If  any  person  shall  be  convicted  of  any  offence  punish- 
able by  imprisonment  or  confinement  to  hard  labor  for  life,  and 
shall  be  sentenced  and  imprisoned  accordingly,  such  conviction 
shall  be  deemed  a  civil  death ;  and  thereupon  the  bonds  of  matri- 
mony shall  be  dissolved,  his  property  shall  descend,  administration 
upon  his  estate  shall  be  granted,  and  all  contracts  to  which  he  is  a 
party,  and  all  his  rights,  powers  and  liabilities  of  every  kind  shall 
be  affected  in  the  same  manner  as  in  case  of  the  death  of  such 
convict. 

Sec  15.  Upon  the  conviction  of  any  person  for  an  offence 
punishable  by  imprisonment  or  confinement  to  hard  labor,  judg- 
ment may  be  rendered  against  said  convict  for  the  costs  of  prose- 
cution, and  execution  thereupon  issued  against  his  property. 

Sec  16.  Upon  any  conviction  for  larceny,  receiving  or  conceal- 
ing stolen  property,  or  making,  uttering  or  passing  counterfeit  coin 
or  bank  bills,  the  court  shall  allow  the  prosecutor,  out  of  the  coun- 
ty treasury,  a  reasonable  recompense  for  his  time  and  expenses  in 
such  prosecution. 

Sec.  17.  No  person,  except  the  respondent,  shall  be  disqualified 
as  a  Avitness  upon  the  trial  of  any  offence,  by  reason  of  any  interest 
in  the  event  of  such  trial. 

Sec  18.  When  an  intent  to  defraud  is  necessary  to  constitute 
any  offence,  it  shall  be  sufficient  to  allege  in  the  indictment  or  in- 
formation such  intent  generally  ;  and  proof  of  an  intent  to  defraud 
any  person  or  any  body  politic  or  corporate,  shall  be  competent  to 
support  such  indictment  or  information. 

Sec  19.  Any  officer  who  shall  find  any  implement,  article  or 
thing  made,  kept,  used  or  designed  to  be  used  in  violation  of  law 
or  in  the  commission  of  any  offence,  in  the  possession  of  or  belong- 


460  PROCEEDINGS     IN    CRIMINAL    CASES.      [tITLE  XXVII. 

ing  to  any  person  arrested  or  liable  to  be  arrested  for  such  offence 
or  violation  of  law,  shall  bring  such  implement,  article  or  thing 
before  the  justice  or  court  having  jurisdiction  of  the  offence,  who 
shall  make  such  order  respecting  their  custody  or  destruction  as 
justice  may  require. 

Sec.  20.  If  any  public  officer  shall  wilfully  neglect  any  duty 
imposed  upon  him  by  law,  and  no  penalty  shall  be  prescribed  by 
statute  for  such  neglect,  such  public  officer  guilty  of  such  neglect 
shall  forfeit  and  pay  a  sum  not  exceeding  thirty  dollars. 

Sec.  21.  Whenever  any  person  prosecuted  for  any  offence,  shall 
be  acquitted  by  the  petit  jury,  or  whenever  the  grand  jury  shall 
omit  to  find  a  bill  of  indictment  against  any  person,  for  the  reason 
of  insanity  or  mental  derangement,  such  jury  shall  certify  to  the 
court  the  reason  of  such  acquittal  or  omission  to  find  a  bill ;  and 
the  court,  being  of  opinion  that  the  going  at  large  of  such  person 
will  be  dangerous  to  the  safety  of  the  citizens  of  the  State,  may 
commit  him  to  prison  or  to  the  insane  hospital,  there  to  remain 
until  restored  to  his  right  mind  or  otherwise  delivered  by  due  course 
of  law. 

Sec.  22.  Every  person  so  committed  shall  be  kept  at  his  own 
expense,  if  he  has  estate  sufficient  for  that  purpose,  otherwise  at 
the  charge  of  the  county  in  which  such  proceedings  are  had. 

Sec  23.  The  court  of  common  pleas  for  such  county  may  dis- 
charge from  confinement  any  such  person,  when  it  shall  be  made 
to  appear  to  their  satisfaction,  that  the  going  at  large  of  such  per- 
son will  not  be  dangerous  to  the  safety  of  the  citizens  and  to  the 
peace  of  the  State. 

Sec  24.  Upon  the  application  of  any  friend  of  such  insane  per- 
son, said  court  may  commit  such  insane  person  to  the  custody  and 
safe  keeping  of  such  friend,  the  applicant  first  giving  bond,  with 
sufficient  surety,  to  the  judge  of  probate  for  the  county,  condition- 
ed for  the  safe  keeping  of  such  insane  person,  and  for  the  payment 
of  all  damages  which  any  person  may  sustain  by  reason  of  the  acts 
or  doings  of  such  insane  person ;  the  bond  to  be  approved  by  said 
court  and  to  be  put  in  suit  for  the  benefit  of  any  person  interested, 
in  the  same  manner  as  other  probate  bonds. 


CHAP.  220.1      JAILS    AND    HOUSES    OF    CORRECTION. 


461 


TITL.E    XXVIII. 

OF   IMPRISONMENT. 


Chapter  226.  Of  jails  and  houses  of  correction. 
Chapter  227.  Of  the  state  prison. 


CHAPTER  S26. 


OF  COMMON  JAILS  AND  HOUSES  OF  CORRECTION. 


Section 

1.  A  jail  to  be  kept  in  each  county. 

2.  Court   of  common  pleas  to  have  care 

of  jail  and  of  prisoners. 

3.  Sheriff  to  be   keeper  of  jail,  and  re- 

sponsible for  prisoners. 

4.  Sheriff  shall  appoint  deputy  jailer. 

5.  Jailer  to  provide  prisoners  with  suste- 

nance, clothing  and  necessaries. 

6.  Penalty  for  defrauding  prisoners. 

7.  Jailer  to  furnish  C.  C.   P.  with  list  of 

prisoners  and  offences. 


Sectio.v 

8.  Sheriff  liable  for  escape  through  in- 

sufficiency of  jail. 

9.  County  shall  indemnify  sheriff. 

10.  United  States  prisoners  may  be  con- 

fined in  jail. 

11.  Jail  to  be  used  when  no  house  of  cor- 

rection in  town  or  county. 

12.  Prisoners,  when  may  be  discharged. 

13.  "         removed  in  certain  cases. 

14.  Expenses  of  removal  paid  by  county. 

15.  Jail  in  Belknap  and  Carroll  counties. 


Section  1.  There  shall  be  kept  and  maintained  in  good  repair 
in  each  county  one  or  more  common  jails,  at  the  expense  of  the 
county. 

Sec.  2.  The  court  of  common  pleas  shall  have  the  care  of  build- 
ing, inspecting  and  repairing  such  jails,  and  at  the  commencement 
of  each  term  shall  inquire  into  the  state  thereof,  as  respects  the 
security,  treatment  and  condition  of  the  prisoners,  and  shall  take 
all  necessary  precautions  against  escape,  sickness  or  infection. 

Sec.  3.  The  sheriff  shall  have  the  custody  of  the  jails  in  his 
county  and  of  the  prisoners  therein,  and  shall  keep  the  same  per- 
sonally or  by  deputy,  for  whose  acts  he  shall  be  responsible. 

Sec  4.  The  sheriff  shall  appoint  one  or  more  jailers  who,  in 
case  of  the  absence  or  disability  of  the  sheriff,  or  during  any  va- 
cancy in  the  office,  shall  have  the  custody  of  such  jail  and  the 
prisoners  therein. 

Sec  5.  Every  jailer  shall  provide  each  prisoner  in  his  custody 
with  necessary  sustenance,  clothing,  bedding,  fuel  and  medical 
attendance,  and  the  court  of  common  pleas  shall  allow  liim,  out 
of  the  county  treasury,  a  reasonable  compensation  for  the  support 
of  all  prisoners  confined  on  criminal  process. 


462  JAILS    AND     HOUSES    OF   CORRECTION.  [tITLE  XXVIII. 

Sec.  6.  If  any  jailer  shall  defraud  any  prisoner  of  his  allowance, 
or  shall  not  allow  reasonable  sustenance  and  accommodation,  he  shall 
forfeit  twenty  dollars  for  each  offence,  to  be  recovered  by  an  action 
of  debt  by  any  person  who  will  sue  therefor. 

Sec  7.  Every  jailer,  at  the  opening  of  the  court  of  common 
pleas  at  each  term  in  his  county,  shall  return  to  said  court  a  certi- 
fied list  of  all  prisoners  then  in  his  custody,  with  the  time  and 
causes  of  their  commitment,  and  shall  also  return  before  the  ad- 
journment of  said  court,  the  name  and  cause  of  commitment  of 
every  prisoner  committed  during  the  session  of  said  court.  If  any 
jailer  shall  neglect  to  make  any  such  return,  he  shall  pay  such  fine 
not  exceeding  thirty  dollars,  as  shall  be  set  upon  him  by  the  court. 

Sec.  8.  If  any  prisoner  committed  for  debt  or  non-payment  of 
any  forfeiture,  shall  escape  through  the  insufficiency  of  the  jail, 
the  sheriff  of  the  county  shall  be  liable  to  the  creditor  or  person  to 
whose  use  such  forfeiture  was  adjudged,  for  the  full  amount  of  the 
damages  sustained  in  consequence  of  such  escape  ;  and  the  circum- 
stances of  such  prisoner  may  be  given  in  evidence  in  mitigation  of 
damages. 

Sec  9.  Every  sheriff  who  shall  be  compelled  to  pay  any  sum  under 
the  preceding  section,  shall,  on  application  to  the  court  of  common 
pleas,  be  indemnified  therefor  fully  from  the  county  treasury ;  and, 
if  not  so  indemnified  within  six  months  after  such  application,  he 
may  recover  the  same  in  an  action  of  the  case  against  such  county, 
with  reasonable  damages  for  his  trouble,  expenses  and  costs. 

Sec  10.  Prisoners  may  be  committed  under  the  authority  of  the 
United  States  to  any  jail,  upon  payment  of  the  expense  of  sup- 
porting such  prisoners,  fifty  cents  per  month  for  the  use  of  the  jail 
for  the  county,  and  all  legal  fees  of  the  jailer  ;  and  the  sheriff  shall 
receive  such  prisoners  and  be  liable  for  any  neglect  of  duty  as  in 
case  of  other  prisoners ;  but  the  county  shall  in  no  case  be  liable 
for  any  escape. 

Sec  11.  When  there  is  no  house  of  correction  in  any  town,  the 
county  house  of  correction  shall  be  used  instead  thereof ;  if  there 
shall  be  neither,  then  the  common  jail  of  the  county  shall  be  used 
as  such  house  of  correction. 

Sec  12.  Whenever  any  prisoner  under  conviction  for  any  crimi- 
nal offence,  shall  be  confined  in  jail  for  inability  to  pay  any  fine  or 
costs,  or  to  procure  sureties,  the  court  of  common  pleas,  on  satis- 
factory evidence  of  such  inability,  may  remit  such  fine  and  dis- 
charge him  upon  such  terms  as  they  may  think  expedient. 

Sec  13.  Whenever  from  the  prevalence  of  any  disease,  or  for 
rebuilding  or  repairing  the  jail  in  any  county,  or  other  cause,  the 
sheriff  shall  think  it  expedient  that  the  prisoners  be  removed 
therefrom,  on  application  in  writing  by  the  sheriff,  the  justices  of 
the  superior  court  of  judicature,  or  any  two  of  them  in  vacation, 
may  order  their  removal  to  some  other  jail  in  the  same  or  another 
county,  there  to  be  detained  in  the  same   manner  and  by  the  same 


CHAP.  227.] 


STATE    PRISON. 


463 


process  as  in  the  jail  from  which  they  were  so  removed,  until 
remanded  back  by  a  similar  process,  or  discharged  according  to 
law. 

Sec.  14.  All  the  expenses  of  removing  and  maintaining  prison- 
ers incurred  under  the  preceding  section,  shall  be  defrayed  by  the 
county  from  which  they  are  so  removed. 

Sec.  15.  The  jail  in  the  county  of  Strafford  shall  be  deemed  to 
be  the  jail  of  the  counties  of  Belknap  and  Carroll,  until  a  jail  shall 
be  erected  and  completed  for  use  in  those  counties  respectively,  and 
any  officer  of  said  counties  may  commit  any  prisoner  in  his  custo- 
dy to  such  jail  until  such  time,  and  all  expenses  incurred  in  the 
custody  and  support  of  such  prisoner,  shall  be  paid  by  the  county 
from  which  he  is  committed. 


CHAPTER  237. 

OF  THE  STATE  PRISON. 


Section 

1.  State  prison  to  be  in  Concord. 

2.  Prison  to  be  under  care  of  warden. 

3.  Warden  to  give  bonds. 

4.  Vacancy  in  office,  how  filled. 

5.  Powers  of  governor  and  council. 

6.  Duties  of  the  warden,  what. 

7.  Prisoners,  how  committed. 

8.  Service  and  return  of  order. 

9.  Warden  to  appoint  a  deputy. 

10.  Board  of  visitors  of  the  prison. 

11.  Warden  liable  for  escapes,  when. 

12.  Penalty    for  assaulting  warden   by 

prisoner  confined  for  life. 

13.  Penalty   for  assaulting   warden  by 


Section 

prisoner    confined    for   a  limited 
term. 

14.  Prisoners  of  United  States  courts  re- 

ceived. 

15.  Rewards  and  punishments  regulated. 

16.  Clothes  and  money  furnished  to  dis- 

charged convicts,  when. 

17.  Convicts  in  custody  on  civil  process, 

remedy. 

18.  Such  convict  to  be  detained. 

19.  Execution  against  warden,  how  le- 

vied. 

20.  If  not  paid,  warden  removed. 


Section  1.  The  state  prison  at  Concord  shall  be  the  general 
penitentiary  of  the  State,  for  the  punishment  and  reformation  of 
all  criminals  sentenced  to  confinement  to  hard  labor  or  solitary  im- 
prisonment. 

Sec.  2.  The  state  prison  shall  be  under  the  superintendence  of 
a  warden,  to  be  chosen  annually  in  the  month  of  June,  by  joint 
ballot  of  the  senate  and  house  of  representatives  in  convention, 
who  shall  hold  his  office  for  one  year  from  the  first  day  of  July  in 
said  year. 

Sec  3.  The  warden,  before  entering  upon  the  discharge  of  his 
duties,  shall  give  bond  to  the  State  in  the  sum  of  twenty  thousand 
dollars,  with  sufficient   sureties,  to  the  acceptance  of  the  governor 


464  STATE     PRISON.  [TITLE  XXVIII. 

and  council,  conditioned  for  the  faithful  performance  of  the  duties 
of  his  office. 

Sec.  4.  In  case  of  any  vacancy  in  the  office  of  warden,  the 
governor  and  council  may  appoint  a  warden,  to  hold  his  office  until 
a  new  warden  is  chosen. 

Sec.  5.  The  governor,  with  advice  of  the  council,  shall  have 
power, — 

First,  To  appoint  all  officers  and  servants,  except  the  warden 
and  his  deputy,  necessary  for  the  management  of  the  prison,  and 
to  remove  the  same  ; 

Secotid,  To  define  the  powers,  duties  and  compensation  of  such 
officers  and  agents  ; 

Third,  To  establish  by-laws  for  the  government  of  the  prison ; 

Fourth,  To  provide  for  the  purchase  of  all  articles  necessary  for 
the  use  of  the  prison,  or  the  health  and  comfort  of  the  officers 
and  prisoners ; 

Fifth,  To  provide  for  the  sale  of  all  articles  manufactured  in 
the  prison,  or  not  necessary  for  the  use  thereof; 

Sixth,  To  make  contracts,  if  expedient,  for  the  support  and  em- 
ployment of  the  prisoners,  or  any  portion  of  them  ; 

Seventh,  To  make  all  necessary  additions,  alterations  and  repairs 
within  the  prison  or  its  enclosure  ; 

Eighth,  To  provide  a  military  guard  for  the  security  of  the  pri- 
son ; 

Ninth,  To  provide  such  books  and  other  instruction  as  he  shall 
deem  necessary  for  the  convict  ; 

Tenth,  To  draw  his  warrant  upon  the  treasurer  of  the  State  in 
favor  of  the  warden,  for  all  appropriations  made  by  the  legislature 
for  the  state  prison. 

Sec.  6.  It  shall  be  the  duty  of  the  warden, — 

First,  To  receive,  safely  keep  and  employ  in  said  prison  all  con- 
victs pursuant  to  their  sentence,  and  until  discharged  according  to 
law ; 

Second,  To  have  the  custody  and  superintendence  of  all  persons 
confined  in  said  prison,  and  of  all  property  belonging  thereto  ; 

Third,  To  obey  and  enforce  all  orders,  by-laws  and  regulations 
which  may  be  made  by  the  governor  and  council  for  the  manage- 
ment of  the  prison  ; 

Fourth,  To  command  the  military  guard  for  the  prison  ; 

Fifth,  To  receive,  pay  out  and  be  accountable  for  all  moneys 
appropriated  for  the  use  of  the  prison,  or  derived  from  the  sales  of 
articles  belonging  thereto; 

Sixth,  To  keep  a  regular  and  true  account  upon  the  books  of  the 
prison  of  all  moneys  received  and  expended  on  account  of  the  pri- 
son, and  of  all  its  concerns  : 

Seventh,  Not  to  be  in  any  case  a  contractor  for  the  prison,  or  in- 
terested therein  ; 

Eighth,  To  render  to  the  legislature,  on  the  first  Wednesday  of 


CHAP.  227.]  STATE    PRISON.  465 

June  annually,  a  full  and  true  account  of  all  the  receipts  and  profits, 
expenses  and  disbursements  of  the  prison  since  the  last  report,  and 
a  particular  report  of  its  management  and  condition  ; 

Ni7ith,  Immediately  upon  the  settlement  of  his  account,  at  the 
close  of  each  year,  to  deposit  all  the  A^ouchers  therefor  in  the  office 
of  the  secretary  of  state  for  public  inspection. 

Sec.  7.  When  any  convict  shall  be  sentenced  to  confinement  to 
hard  labor,  the  court  before  whom  such  conviction  may  be,  shall 
order  the  sheriff  of  the  county  to  remove  such  convict  to  the  state 
prison  and  deliver  him  to  the  warden  thereof;  and  said  sheriff  or 
his  deputy,  in  the  execution  of  said  order  in  any  county  through 
which  he  may  pass,  shall  have  all  the  rights  and  powers  of  a  sheriff 
of  such  county. 

Sec.  8.  The  clerk  of  said  court  shall  deliver  a  copy  of  said  con- 
viction, judgment  and  order  thereon,  to  said  sheriff,  who  shall  de- 
liver the  same,  with  a  copy  of  his  return  endorsed  thereon,  to  said 
warden,  and  shall  make  due  return  to  said  court  of  the  service  of 
said  order  upon  an  attested  copy  thereof. 

Sec  9.  The  warden  shall  by  warrant  under  his  hand  appoint  a 
deputy,  for  whose  acts  he  shall  be  answerable,  and  who,  in  case 
of  the  absence,  death,  removal  or  resignation  of  the  warden,  shall 
exercise  all  his  powers  and  be  subject  to  all  his  duties  and  liabili- 
ties, until  a  warden  is  duly  appointed  and  qualified. 

Sec.  10.  The  governor  and  council,  witli  the  justices  of  the  su- 
perior court  of  judicature,  shall  be  visitors  of  the  state  prison,  and 
shall  annually,  and  as  much  oftener  as  may  be  proper,  visit  the  pri- 
son and  see  that  all  regulations  made  for  the  government  thereof, 
are  proper  and  properly  executed. 

Sec  11.  If  the  warden  or  any  person  employed  in  said  prison, 
shall  negligently  suffer  any  prisoner  to  be  at  large  or  to  be  visited, 
comforted  or  relieved,  contrary  to  the  regulations  of  the  prison  or 
the  terms  of  the  sentence  of  such  prisoner,  he  shall  be  punished, 
upon  indictment  and  conviction  thereof,  by  a  fine  not  exceeding 
five  hundred  dollars. 

Sec  12.  If  any  prisoner  under  sentence  of  confinement  to  hard 
labor  for  life,  shall  assault  the  warden  or  any  person  employed  in 
said  prison,  or  shall  forcibly  attempt  to  break  from  said  prison,  or 
shall  escape  therefrom,  he  shall  be  punished  by  solitary  imprison- 
ment not  exceeding  six  months,  without  affecting  his  first  sentence 
in  any  other  manner. 

Sec  13.  If  any  prisoner  under  sentence  of  confinement  to  hard 
labor  for  a  limited  time,  shall  assault  the  warden  or  any  person  em- 
ployed in  said  prison,  or  shall  forcibly  attempt  to  escape  or  shall 
escape  therefrom,  he  shall  be  punished  by  solitary  imprisonment  not 
exceeding  six  months,  or  by  confinement  to  hard  labor  not  exceed- 
ing ten  years,  said  punishments  to  commence  at  such  time  as  the 
court  before  whom  the  conviction  may  be,  shall  direct. 

Sec  14.  The  warden  shall  receive  all  convicts  sentenced  to  con- 
59 


466  STATE    PRISON.  [tITLF,  XXVIII. 

finement  to  hard  labor  by  any  court  of  the  United  States  within 
this  State,  who  may  be  dehvered  to  him  by  the  marshal  of  the  dis- 
trict or  his  deputy,  and  shall  safely  keep  such  convicts  until  dis- 
charged by  due  course  of  the  laws  of  the  United  States. 

Sec.  15.  The  warden,  with  the  consent  of  the  governor  and 
council,  may  offer  suitable  encouragement  and  indulgences  to  those 
convicts  who  distinguish  themselves  by  obedience,  industry  and 
faithfulness,  and  may  punish  any  convict  guilty  of  insolence  or  ill 
language  to  any  officer  of  the  prison,  or  of  obstinate  and  refractory 
behavior,  by  solitary  imprisonment  not  exceeding  thirty  days  at  one 
time. 

Sec  16.  The  warden  may  furnish,  at  the  expense  of  the  State, 
to  each  convict  discharged  from  said  prison,  a  cheap  suit  of  clothes 
decent  and  suitable  for  the  season  in  which  he  is  discharged,  and  a 
sum  of  money  not  exceeding  three  dollars. 

Sec.  17.  If  any  convict  sentenced  to  confinement  to  hard  labor 
or  solitary  imprisonment,  shall  at  the  time  of  such  sentence  be  in 
custody  of  the  sheriff  on  any  civil  process,  mesne  or  final,  said 
sheriff  shall,  on  the  delivery  of  such  convict  to  the  Avarden,  leave 
with  said  warden  an  attested  copy  of  such  process. 

Sec.  18.  The  warden  shall  detain  such  convict  as  well  by  vir- 
tue of  such  process  as  of  his  sentence,  and  if  at  the  expiration  of 
said  sentence  such  process  shall  not  be  withdrawn,  discharged, 
satisfied  or  annulled,  shall  still  detain  such  convict  thereon  until 
discharged  or  remanded  whence  he  came  by  due  course  of  law. 

Sec  19.  When  judgment  shall  be  rendered  against  any  person 
holding  the  office  of  warden  for  any  sum  of  money,  the  execution 
thereon  shall  be  against  his  goods,  chattels  and  lands,  but  not  against 
his  body  ;  and  if  such  execution  is  returned  unsatisfied,  the  creditor 
may  file  a  certified  copy  of  such  execution  and  the  return  thereon 
with  the  secretary  of  state. 

Sec  20.  The  secretary  shall  immediately  notify  said  warden 
thereof  in  writing,  with  the  day  on  which  said  copy  was  filed.  If 
said  execution  shall  remain  unsatisfied  for  the  space  of  ninety  days 
after  such  notification,  the  governor  and  council  shall  forthwith 
remove  said  warden  from  his  office,  and  execution  may  then  issue 
against  him  in  common  form. 


CHAP.  228.] 


SALARIES. 


467 


TITLE  XXIX. 

OF  SALARIES  AND  FEES. 


Chapter  228.  Of  salaries  and  compensation  of  certain  officers. 
Chapter  229.  Of  fees  and  costs  in  certain  cases. 


CHAPTER  328. 


OF  SALARIES  AND  COMPENSATION  OF  CERTAIN  OFFICERS. 


Section 

1.  Salary  of  governor. 

2.  "       "   secretary  of  state. 

3.  "       "   state  treasurer. 

4.  "       "   adjutant  general. 

5.  "       "    warden  of  state  prison. 

6.  "       "  justices  of  superior  court. 

7.  "       "  justices  of  circuit  court. 

8.  "       "  judges  of  the  court  of  com- 

mon pleas. 

9.  "       "   attorney  general. 

10.  "       "   solicitors. 

11.  Compensation  of  solicitors. 

12.  Salary  of  judges  of  probate. 

13.  "       "   registers  of  probate. 


Section 

14.  Salary  of  sheriffs. 

15.  "       "   county  treasurers. 

16.  Salaries,  how  paid. 

17.  Sheriffs' salaries,  how  paid. 

18.  County  treasurers'  salaries,  how  paid. 

19.  Compensation  of  counsellors. 

20.  "  "  president  and  speak- 

er. 

21.  "  "  members  of  legisla- 

ture. 

22.  "  "  clerks  of  legislature. 

23.  "  for  travel  of  counsellors. 

24.  "  "       "      "  members. 

25.  "  above,  how  paid. 


Section  1.  The  annual  salary  of  the  governor  shall  be  one 
thousand  dollars. 

Sec.  2.  The  annual  salary  of  the  secretary  of  state  shall  be 
eight  hundred  dollars,  which  shall  be  in  full  compensation  for  all 
services  in  that  office,  except  for  making  and  giving  copies  and 
certificates  to  individuals  for  private  use  ;  and  all  other  fees  allowed 
him  by  law  shall  be  paid  by  him  into  the  treasury;  and  he  shall 
render  an  account  of  the  same  annually  to  the  legislature  at  the 
June  session. 

Sec  3.  The  annual  salary  of  the  treasurer  of  the  State  shall  be 
six  hundred  dollars. 

Sec  4.  The  annual  salary  of  the  adjutant  and  inspector  gene- 
ral, performing  the  duties  of  quartermaster  general,  shall  be  four 
hundred  dollars. 


468  SALARIES.  [title    XXLX. 

Sec.  5.  The  annual  salary  of  the  warden  of  the  state  prison 
shall  be  eight  hundred  dollars,  which  shall  be  in  full  compensation 
for  all  services  rendered  by  him  in  that  office. 

Sec.  6.  The  annual  salary  of  the  chief  justice  of  the  superior 
court  of  judicature  shall  be  fourteen  hundred  dollars,  and  that  of 
each  justice  of  said  court,  twelve  hundred  dollars. 

Sec.  7.  The  annual  salaries  of  the  justices  of  the  circuit  court 
of  common  pleas  shall  be  twelve  hundred  dollars. 

Sec.  8.  The  annual  salaries  of  the  judges  of  the  courts  of  com- 
mon pleas  shall  be  as  follows : — 

For  the  counties  of  Rockingham  and  Grafton,  each,  one  hundred 
and  fifty  dollars ; 

For  the  county  of  Merrimack,  each,  one  hundred  and  ten  dollars ; 

For  the  county  of  Hillsborough,  each,  one  hundred  and  twenty- 
six  dollars ; 

For  every  other  county,  each,  one  hundred  dollars. 

Sec  9.  The  annual  salary  of  the  attorney  general  shall  be 
twelve  hundred  dollars. 

Sec  10.  The  solicitors  for  the  several  counties  shall  receive 
from  the  state  treasury,  in  full  compensation  for  the  services  by 
them  rendered  in  the  absence  of  the  attorney  general,  at  each  term 
of  the  court  of  common  pleas  at  which  they  shall  perform  his 
duties,  upon  a  certificate  thereof  from  the  presiding  justice,  the 
following  sums  : — 

In  Rockingham,  Hillsborough  and  Grafton,  fifty  dollars  ; 

In  Strafford,  Merrimack  and  Cheshire,  forty  dollars  ; 

In  Belknap,  Carroll,  Sullivan  and  Coos,  thirty  dollars. 

Sec  11.  Such  solicitors  shall  receive  for  all  other  services  by 
them  performed,  such  reasonable  compensation  as  the  justices  of 
said  court  may  at  each  term  direct,  from  the  county  treasury. 

Sec  12.  The  annual  salaries  of  the  judges  of  probate  in  the 
several  counties  shall  be  as  follows  : — 

Rockingham,  three  hundred  thirty-four  dollars ; 

Strafford,  one  hundred  sixty-seven  dollars ; 

Carroll,  one  hundred  forty-two  dollars  ; 

Belknap,  one  hundred  forty-two  dollars  ; 

Merrimack,  two  hundred  forty-five  dollars  ; 

Hillsborough,  two  hundred  seventy-six  dollars  ; 

Cheshire,  two  hundred  twenty-five  dollars  ; 

Sullivan,  one  hundred  seventy-five  dollars ; 

Grafton,  two  hundred  seventy-five  dollars  ; 

Coos,  one  hundred  dollars. 

Sec  13.  The  annual  salaries  of  the  registers  of  probate  for  the 
several  counties  shall  be  as  follows  : — 

Rockingham,  four  hundred  sixty-two  doUai's ; 

Straff"ord,  two  hundred  thirty-three  dollars ; 

Belknap,  one  hundred  eighty-three  dollars; 

Carroll,  ouo  hundred  eiglity-three  dollars; 


CHAP.  228]  SALARIES.  469 

Merrimack,  three  hundred  forty-five  dollars  ; 

Hillsborough,  three  hundred  eighty-three  dollars  ; 

Cheshire,  three  hundred  dollars  ; 

Sullivan,  two  hundred  twenty-five  dollars ; 

Grafton,  three  hundred  eighty  dollars  ; 

Coos,  one  hundred  twenty-five  dollars. 

Sec.  14.  The  annual  salaries  of  the  sheriffs  of  the  several  coun- 
ties shall  be  as  follows  : — 

Rockingham,  three  hundred  thirty-four  dollars  ; 

Straftord,  one  hundred  seventy-five  dollars  ; 

Belknap,  one  hundred  fifty  dollars  ; 

Carroll,  one  hundred  fifty  dollars  ; 

Merrimack,  two  hundred  forty-five  dollars  ; 

Hillsborougli,  two  hundred  seventy-six  dollars  ; 

Cheshire,  two  hundred  twenty-five  dollars  ; 

Sullivan,  one  hundred  seventy-five  dollars  ; 

Grafton,  two  hundred  seventy-five  dollars  ; 

Coos,  one  hundred  seventy-five  dollars. 

Sec.  15.  The  annual  salaries  of  the  treasurers  of  the  several 
counties  shall  be  as  follows  : — 

Rockingham  and  Grafton,  each,  one  hundred  fifty  dollars ; 

Merrimack,  one  hundred  ten  dollars  ; 

Hillsborough,  one  hundred  twenty-six  dollars  ; 

Strafford,  Cheshire,  Sullivan  and  Coos,  each,  one  hundred  dollars  ; 

Belknap  and  Carroll,  each,  seventy-five  dollars. 

Sec  16.  The  salaries  of  the  foregoing  officers,  except  sheriffs 
and  county  treasurers,  shall  be  paid  quarterly  from  the  state  trea- 
sury. 

Sec  17.  The  salaries  of  sheriffs  shall  be  retained  by  them  from 
the  proportion  of  fees  by  law  payable  and  paid  to  them  by  their 
deputies,  and  shall  not  be  otherwise  paid. 

Sec  18.  The  salaries  of  county  treasurers  shall  be  allowed  to 
them,  on  their  annual  statement  of  the  condition  of  the  treasury 
of  their  respective  counties,  by  the  court  of  common  pleas,  and 
shall  be  in  full  satisfaction  for  all  official  services. 

Sec  19.  The  members  of  the  council  shall  receive  two  dollars 
a  day,  each,  during  their  sessions. 

Sec  20.  The  president  of  the  senate  and  speaker  of  the  house 
of  representatives  shall  receive  two  dollars  and  fifty  cents  a  day, 
each,  during  the  session  of  the  legislature. 

Sec  21.  The  members  of  the  senate  and  house  of  representa- 
tives shall  receive  two  dollars  a  day,  each,  during  the  session  of 
the  legislature. 

Sec  22.  The  clerks  and  assistant  clerks  of  the  senate  and  house 
of  representatives  shall  receive  two  dollars  and  fifty  cents  a  day, 
each,  during  the  session  of  the  legislature,  and  for  one  day  more 
for  making  up  the  rolls  and  filing  the  papers. 


470 


FEES    AND    COSTS. 


[title    XXIX. 


Sec.  23.  The  members  of  the  council  shall  receive  each,  ten 
cents  a  mile  for  their  travel  to  and  from  the  place  of  their  sessions. 

Sec.  24.  The  president  and  members  of  the  senate,  speaker  and 
members  of  the  house  of  representatives  and  the  clerks  and  assist- 
ant clerks  of  the  senate  and  house,  shall  each  receive  ten  cents  a 
mile  for  their  travel  to  and  from  the  place  of  [the]  sitting  of  the 
legislature. 

Sec.  25.  The  compensation  allowed  in  the  six  preceding  sec- 
tions, shall  be  paid  from  the  state  treasmy. 


CHAPTER  229. 


OF  FEES  AND  COSTS  IN  CERTAIN  CASES. 


Section 
1.  Fees  of  justices  in  civil  cases. 


6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 


"       "  "  criminal  cases. 

"  recording  and  certifying  offi- 
cers. 
"  clerks  of  courts. 
"  attorneys  in  courts. 
"         "  before  justices. 

"  parties. 

five  days'  attendance  only, when, 
for  travel  to  county  line  only. 
"       "      before  justices. 
"       "      upon  endorsed  notes, 
of  witnesses. 

ferry  ortollbridge,  liow  reckoned, 
of  sheriffs. 


Section 

15.  Fees  of  sheriffs  to  be  endorsed. 

16.  "       "  jailers. 

17.  "       "  registers  of  deeds. 

18.  "       "  town  clerks. 

19.  "       "  coroners  and  constables. 

20.  "       "  grand  and  petit  jurors. 

21.  "       paid  on  jury  trials. 

22.  "       on  coroners'  inquests. 

23.  "       of  secretary  of  state. 

24.  "        "  notaries  public. 

25.  Penalty  for  taking  illegal  fees. 

26.  "  how  recovered. 

27.  Receipt  to  be  given  for  fees. 

28.  Penalty  for  neglect  to  give  receipt. 


Section  1.  Justices  of  the  peace  shall  be  allowed  the  following 
fees  in  civil  cases  : — 

For  every  writ  of  summons  or  attachment  with  summons,  sev- 
enteen cents ; 

For  writ  of  subpoena,  ten  cents  ; 

For  the  entry  of  every  action  or  complaint,  including  filing 
papers,  entering  appearance  and  judgment  and  recording,  fifty  cents  ; 

For  granting  an  appeal,  seventeen  cents ; 

For  each  execution,  seventeen  cents  ; 

For  a  writ  of  possession,  twenty-five  cents  ; 

For  entering  satisfaction  of  a  judgment  on  record,  ten  cents ; 

For  swearing  each  witness  and  caption  of  deposition,  thirty- 
four  cents ; 

For  writing  deposition,  each  page,  seventeen  cents ; 


CHAP.  229.]  FEES    AND    COSTS.  471 

For  travel  to  swear  witnesses,  each  mile,  three  and  a  half  cents ; 

For  taking  and  certifying  the  acknowledgment  of  any  deed  or 
other  instrmnent  by  one  or  more  persons  at  one  time,  seventeen 
cents ; 

For  granting  warrmit  of  appraisement  and  swearing  the  apprai- 
sers, twenty-five  cents ; 

For  actual  trial  upon  issue  joined,  either  of  law  or  fact,  fifty  cents  ; 

For  administering  oaths  in  all  cases  and  certifying  the  same, 
except  the  oaths  of  office  of  town  officers  and  oaths  administered 
to  witnesses  in  the  trial  of  causes  before  the  justice,  seventeen 
cents ; 

For  every  adjournment,  seventeen  cents. 

Sec,  2.  Justices  of  the  peace  shall  be  allowed  the  following  fees 
in  criminal  cases  : — 

For  drawing  a  complaint,  fifty  cents  ; 

For  a  warrant  founded  on  a  complaint  for  any  offence,  twenty- 
five  cents ; 

For  granting  an  appeal,  seventeen  cents ; 

For  each  recognizance,  seventeen  cents  ; 

For  taking  bail  of  persons  committed  in  criminal  cases,  for  each 
ofiender,  thirty-four  cents  ; 

For  every  examination,  thirty-four  cents  ; 

For  entry  of  complaint  and  judgment  thereon,  fifty  cents  ; 

For  a  warrant  of  commitment  and  every  other  warrant  except 
those  before  mentioned,  fifty  cents  ; 

For  every  adjournment,  seventeen  cents. 

Sec.  3.  To  all  recording  or  certifying  officers,  there  shall  be 
allowed  for  each  page  of  two  hundred  twenty-four  words  copied 
or  recorded,  twelve  and  a  half  cents  ; 

For  any  part  less  than  a  page,  eight  cents ; 

For  every  certificate  on  a  copy  of  a  whole  case,  ten  cents. 

Sec.  4.  To  the  clerk  of  every  court,  there  shall  be  paid  the  fol- 
lowing fees : — 

For  the  entry  of  every  action,  petition,  appeal  or  complaint,  one 
dollar  and  twenty  cents,  of  which  the  clerk  shall  retain  thirty  cents, 
in  full  compensation  for  all  services  for  which  specific  fees  are  not 
by  law  established ; 

For  a  blank  writ  and  summons,  or  blank  writ  of  summons,  ten 
cents  ; 

For  a  writ  of  review  or  scire  facias,  fifty  cents ; 

For  a  writ  of  possession,  forty  cents  ; 

For  a  writ  of  habeas  corpus,  seventeen  cents  ; 

For  a  writ  of  execution,  seventeen  cents ; 

For  a  writ  of  protection  or  subpoena,  ten  cents ; 

For  entering  a  continuance,  five  cents ; 

For  discharging  a  recognizance,  ten  cents  ; 

For  certifying  the  proof  of  a  deed  in  court,  seventeen  cents ; 


472  FEES    AND  COSTS.  [TITLE  XXIX. 

For  recording  a  sheriffs  deputation  and  certificate,  or  a  discharge 
from  office,  twenty-five  cents; 

For  all  services  and  fees  relating  to  a  pedler's  license,  one  dollar. 

Sec.  5.  The  following  fees  shall  be  allowed  in  bills  of  costs 
taxed  in  the  superior  court  or  court  of  common  pleas : — 

For  the  writ  including  the  blank,  one  dollar  ; 

For  every  complaint,  one  dollar ; 

For  an  attorney  fee,  in  every  case  of  appearance  by  the  defend- 
ant, one  dollar. 

Sec.  6.  The  following  fees  shall  be  allowed  in  each  bill  of  costs 
taxed  before  a  justice  : — 

For  each  writ,  complaint  or  plea,  fifty  cents. 

Sec.  7.  Parties  shall  be  allowed  the  following  fees : — 

For  every  ten  miles'  travel  to  and  from  court,  twenty-five  cents ; 

For  each  day's  attendance,  twenty-five  cents ; 

For  summoning  witnesses,  seventeen  cents  each. 

Sec.  8.  No  more  than  five  days'  attendance  shall  be  allowed  at 
any  term  in  any  case  where  the  defendant  suffers  default,  having 
made  no  appearance. 

Sec  9.  No  more  travel  shall  be  allowed  to  any  party  than  to 
the  line  of  the  county,  unless  in  case  of  his  appearance  in  person. 

Sec  10.  In  actions  brought  before  justices,  the  plaintifi"  shall  be 
allowed  no  more  travel  than  if  he  lived  within  ten  miles  of  the 
place  of  trial,  unless  he  appears  in  person. 

Sec  11.  In  actions  upon  endorsed  notes  or  negotiable  paper 
brought  by  an  assignee,  no  more  travel  shall  be  allowed  than  if 
brought  by  the  payee,  unless  it  shall  be  shown  that  the  assignee  is 
the  plaintiff  in  interest. 

Sec  12.  The  fees  of  witnesses  shall  be  ;  at  the  superior  court 
or  court  of  common  pleas : — 

For  each  day's  attendance,  one  dollar  ; 

For  travel  to  and  from  court,  each  mile,  six  cents ; 

Before  justices  ;  for  each  day's  attendance,  forty  cents  ; 

For  travel  to  and  from  the  place  of  testifying,  each  mile,  four 
cents. 

Sec  13.  A  ferry  or  toll  bridge  shall  be  reckoned  as  three  miles' 
travel. 

Sec  14.  The  fees  of  sheriffs  and  deputy  sheriflEs  shall  be  as 
follows  : — 

For  the  service  of  every  writ,  process,  notice  or  execution,  except 
writs  of  subpoena  for  witnesses,  twenty-three  cents  ; 

For  summoning  witnesses,  each,  seventeen  cents ; 

For  taking  bail,  (to  be  paid  by  the  person  bailed,)  seventeen 
cents ; 


CHAP.  229.]  FEES    AND    COSTS.  473 

For  actual  travel  to  serve  any  writ,  process  or  execution,  to  be 
reckoned  from  the  place  of  service  to  the  residence  of  the  officer, 
in  no  case  exceeding  fifty  miles,  each  rnile,  five  cents ; 

For  levying  executions,  on  the  dollar,  for  the  first  fifty  dollars, 
two  and  a  half  cents  ; 

For  the  second  fifty  dollars,  two  cents  ; 

For  sums  above  one  hundred  and  under  three  hundred  dollars, 
one  cent  ; 

For  sums  above  three  hundred  dollars,  half  a  cent ; 

For  attending  any  court  by  the  order  thereof,  to  be  paid  out  of 
the  county  treasury ;  the  sheriff,  each  day,  two  dollars  ; 

Each  deputy,  one  dollar  and  fifty  cents  ; 

For  attending  before  justices  on  trials  where  his  presence  is 
required,  each  day,  one  dollar. 

Sec.  15.  The  fees  of  every  sheriff  and  deputy  sheriff  upon  any 
writ,  process  or  execution  by  him  served,  shall  be  endorsed 
thereon. 

Sec.  16.  Jailers  shall  be  entitled  to  the  following  fees : — 

For  receiving  any  prisoner  into  custody  or  discharging  him, 
twenty-five  cents  ; 

For  the  board  of  a  prisoner,  each  week,  one  dollar  fifty  cents. 

Sec.  17.  Registers  of  deeds  shall  be  entitled  to  the  following 
fees  : — 

For  a  certificate  on  a  deed  of  the  time  and  place  of  recording, 
and  for  every  other  certificate  by  him  made,  four  cents  ; 

For  examining  the  records  at  the  request  of  any  person,  for  each 
hour  necessarily  spent  therein,  twenty  cents  ; 

For  discharging  a  mortgage  on  record,  seventeen  cents. 

Sec.  18.  Town  clerks  shall  be  entitled  to  receive  for  recording 
mortgages,  for  certifying  thereon  the  time  and  place  of  recording, 
for  every  other  certificate  relating  thereto,  for  examining  the  re- 
cords and  for  discharging  the  same  on  the  record,  and  recording 
any  other  discharge  thereof,  the  same  fees  as  registers  of  deeds  are 
entitled  to  for  like  services. 

Sec  19.  Coroners  and  constables  shall  be  entitled  to  the  same 
fees  as  sheriffs  in  like  cases. 

Sec  20.  Grand  jurors  and  petit  jurors  shall  be  paid  from  the 
county  treasury  for  each  day's  attendance,  each,  one  dollar  fifty 
cents  ; 

For  their  travel  to  and  from  court,  each  mile,  six  cents  ; 

Talesmen  for  each  day's  attendance,  one  dollar  fifty  cents ; 

Sec  21.   There  shall  be  paid  by  the  plaintiff  or  appellant  for  the 
trial  of  every  action  by  jury,  before  the  trial,  to  the  clerk  for  the 
use  of  the  county,  and  to  be  taxed  in  the  bill  of  cost  of  the  party 
paying  the  same,  five  dollars. 
60 


474  FEES    AND    COSTS.  [TITLE  XXIX. 

Sec.  22.  The  following  fees  shall  be  allowed  on  the  taking  of 
each  coroner's  inquest,  to  be  paid  from  the  county  treasury : — 

To  the  coroner,  for  taking  the  same,  one  dollar  fifty  cents ; 

To  the  jurors,  each,  one  dollar  fifty  cents  a  day  ;  for  travel,  each 
mile,  six  cents  ; 

To  witnesses  for  their  attendance,  each,  one  dollar  a  day ;  for 
their  travel,  each,  six  cents  a  mile  ; 

To  the  constable,  for  summoning  and  attending  the  jury,  sixty- 
seven  cents  a  day  and  his  necessary  expenses ; 

Sec.  23.  To  the  secretary  of  state  shall  be  paid  the  following 
fees : — 

For  every  commission  for  any  person  to  an  office  of  profit,  to  be 
paid  by  such  person,  one  dollar  ; 

For  every  certificate  under  the  seal  of  the  State,  fifty  cents. 

Sec.  24.  Notaries  public  shall  be  entitled  to  the  following  fees  : — 

For  every  protest  under  seal,  fifty  cents ;  every  certificate  under 
seal,  twenty-five  cents  ; 

For  waiting  on  a  person  to  demand  payment,  or  to  witness  any 
matter  and  certifying  the  same  under  seal,  fifty  cents  ; 

For  every  notice  of  non-payment  to  any  party  to  a  bill  or  note, 
twenty-five  cents ; 

For  services  relating  to  the  taking  of  depositions,  the  same  fees 
as  justices  are  entitled  to  receive. 

Sec  25.  If  any  person  shall  demand  and  take  any  greater  fee 
for  any  service  than  is  allowed  by  law,  or  any  fee  to  which  he  is 
not  by  law  entitled,  he  shall  forfeit  fifty  dollars  for  each  oflence  to 
the  person  who  will  sue  therefor. 

Sec.  26.  Every  such  oftence  may  be  prosecuted  by  complaint  to 
the  grand  jury  and  indictment,  and  in  such  case,  the  penalty  re- 
covered shall  be  for  the  use  of  the  county. 

Sec  27.  Every  person  entitled  by  law  to  any  fees,  shall,  if 
requested  by  the  person  paying  the  same  at  the  time  of  such  pay- 
ment, make  out  and  deliver  to  him  a  particular  statement  of  the 
items  of  his  services,  and  of  the  sums  demanded  and  received 
therefor,  and  receipt  the  same. 

Sec  28.  If  any  such  person  shall  neglect  or  refuse  to  give  such 
statement  and  receipt,  he  shall  forfeit  for  every  such  neglect  or 
refusal  the  sum  of  twenty  dollars,  for  the  use  of  the  town  in 
which  the  offence  may  be  committed. 


CIIAF.  -230.] 


REPEALED    ACTS. 


475 


TITL.E  XXX. 


CHAPTER   330. 


OF  ACTS  REPEALED. 


Section 

1.  Revised  statutes,  when  to  take  effect. 
jj.        "  "        how  cited. 

3.  All  statutes  repugnant,  repealed. 

4.  When  repeal  takes  effect. 

5.  Repeal  not  to  affect  rights,  «fec. 

6.  "  "    "       "     offences. 

7.  Suits  not  affected  by  repeal. 

8.  Officers  to  hold  their  office. 


Section 
9.  No  repealed  act  revived  by  repeal. 

10.  Repeal  of  statute,  no  evidence  that 

such  statute  was  in  force. 

11.  Statute  adopting  other  statutes,  effect 

of  repeal  on. 

12.  Limitations  not  affected  by  repeal. 

13.  List  of  statutes  repealed. 


Section  1.  All  the  provisions  contained  in  the  preceding  chapters, 
shall  take  effect  and  go  into  operation  from  and  after  the  first  day 
of  March  next,  except  only  such  parts  thereof  as  to  which  a  differ- 
ent provision  is  expressly  made  herein. 

Sec.  2.  This  act  shall  not  in  any  citation  or  enumeration  of  the 
statutes  be  reckoned  as  one  of  tne  statutes  of  the  present  session 
of  the  general  court ;  but  in  all  citations  thereof  it  maybe  designated 
as  the  Revised  Statutes,  adding  to  the  citation,  when  necessary,  the 
number  of  the  chapter  and  of  the  section. 

Sec.  3.  All  acts  and  parts  of  acts,  the  subjects  of  which  are 
revised  and  re-enacted  in  the  Revised  Statutes,  or  which  are  repug- 
nant to  the  provisions  therein  contained,  shall  be  repealed  from  and 
after  the  said  first  day  of  March  next,  with  the  excej)tions  and 
limitations  hereinafter  expressed. 

Sec  4.  In  all  cases  where  any  provisions  of  the  Revised  Sta- 
tutes are  made  to  go  into  operation  at  any  time  before  or  after  the 
said  first  day  of  March,  the  corresponding  provisions,  if  any,  of 
the  said  repealed  statute,  shall  cease  to  operate  when  and  shall  con- 
tinue in  force  until  the  said  new  provisions  shall  go  into  operation. 

Sec.  5.  The  repeal  of  the  acts  hereinafter  mentioned  shall  not 
affect  any  act  done,  or  any  right  accruing,  or  accrued,  or  acquired  or 
established,  or  any  suit  or  proceeding  had  or  commenced  in  any 
civil  case,  before  the  time  when  said  repeal  shall  take  effect ;  but 
the  proceedings  in  every  such  case  shall  be  conformed,  when  neces- 
sary, to  the  provisions  of  the  Revised  Statutes. 

Sec.  6.  No  offence  committed  and  no  penalty  or  forfeiture  incur- 
red under  any  of  the  acts  hereby  repealed,  and  before  the  time  when 
such  repeal  shall  take  effect,  shall  be  affected  by  the  repeal,  except 
tliat  when  any  punishment,  penalty  or  forfeiture  shall  be  mitigated 


476  REPEALED    ACTS.  [xiTLE    XXX. 

by  the  provisions  of  the  Revised  Statutes,  such  provisions  may  be 
extended  and  applied  to  any  judgment  to  be  pronounced  after  the 
said  repeal. 

Sec.  7.  No  suit  or  prosecution  pending  at  the  time  of  said  repeal, 
for  any  offence  committed,  or  for  the  recovery  of  any  penalty  or 
forfeiture  incurred  under  any  of  the  acts  hereby  repealed,  shall  be 
affected  by  such  repeal,  except  that  the  proceedings  in  such  suit  or 
prosecution  shall  be  conformed,  when  necessary,  to  the  provisions 
of  the  Revised  Statutes. 

Sec.  8.  All  persons  who,  at  the  time  when  the  said  repeal  shall 
take  effect,  shall  hold  any  office  under  any  of  the  acts  hereby 
repealed,  shall  continue  to  hold  the  same  according  to  the  tenure 
thereof,  except  those  offices  which  have  been  abolished,  and  those 
as  to  which  a  different  provision  shall  have  been  made  by  the  Re- 
vised Statutes. 

Sec.  9.  No  act  which  has  been  heretofore  repealed,  shall  be 
revived  by  the  repeal  contained  in  this  chapter  of  any  of  the  acts 
therein  repealed. 

Sec.  1(3.  The  repeal  in  this  chapter  of  any  statute  or  part  of  a 
statute  heretofore  repealed,  shall  not  be  construed  as  a  declaration 
or  implication  that  such  statute  or  part  of  a  statute  has  been  in 
force  at  any  time  subsequent  to  such  first  repeal. 

Sec.  11.  When  any  statute  not  herein  repealed,  refers  to  and 
adopts  any  statute  or  part  of  a  statute  which  is  herein  repealed,  or 
any  provision  or  rule  of  law  which  is  abrogated  or  modified  by  the 
Revised  Statutes,  such  statute  or  part  of  a  statute,  or  provision  or 
rule  of  law  so  referred  to  and  adopted,  shall  not  be  deemed  repealed 
by  the  provisions  of  this  chapter ;  but  shall  be  in  force  so  far  only 
as  the  same  sliall  have  been  so  adopted,  and  for  no  other  purpose, 
and  so  far  only  as  they  are  not  repugnant  to  or  inconsistent  with 
the  provisions  of  the  Revised  Statutes. 

Sec,  12.  In  any  case,  when  a  limitation  or  period  of  time  pre- 
scribed in  any  of  the  acts  repealed  in  this  chapter,  for  the  acquiring 
of  any  right,  or  the  barring  of  any  remedy  or  for  any  other  purpose, 
shall  have  begun  to  run,  and  the  same  or  any  similar  limitation  is 
prescribed  m  the  Revised  Statutes,  the  time  of  limitation  shall  con- 
tinue to  run,  and  shall  have  the  like  effect  as  if  the  whole  period 
had  begun  and  ended  under  the  operation  of  the  Revised  Statutes. 

Sec.  13.  All  the  statutes  hereinafter  mentioned  and  described  by 
the  years  in  which  they  were  respectively  enacted,  and  by  their 
respective  titles,  are  hereby  repealed,  subject  to  the  provisions  con- 
tained in  the  preceding  sections  of  this  chapter  : — 

ACTS    PASSED    PRIOR    TO     1791. 

An  act  to  prevent  trespasses  upon  the  waste  lands  within  this  State,  passed  No- 
vember 26,  1778. 

An  act  to  authorize  and  empower  the  proprietors  of  any  common  and  undivided 
lands,  1o  call  iiioGtinjrs  of  their  respective  proprietors,  and  to  levy  and  collect  such 


CHAP.  230.]  ACTS    REPEALED.  477 

sum  or  sums  of  money  on  their  said  lands  as  they  may  judge  necessary;  and  also 
to  transact  all  their  other  common  and  public  affairs,  passed  July  3,  1781. 

An  act  for  making  gold  and  silver  a  tender  for  all  debts,  and  for  settling  the  de- 
preciation of  the  paper  currency  ;  and  for  the  future  regulation  of  the  courts  of  jus- 
tice in  this  State,  passed  September  1,  1781. 

An  act  for  the  encouragement  of  literature  and  genius,  and  for  securing  to  authors 
the  exclusive  right  and  benefit  of  publishing  their  literary  productions  for  twenty 
years,  passed  November  7,  1783. 

An  act  to  regulate  ferries,  passed  February  28,  1783. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  authorize  and  empower  the  propri- 
etors of  any  common  and  undivided  lands,  to  call  meetings  of  their  respective  propri- 
etors and  to  levy  and  collect  such  sum  or  sums  of  money  on  the  said  lands  as  they 
may  judge  necessary;  and  also  to  transact  all  their  common  and  public  affairs," 
passed  the  third  of  July,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
eighty-one,  passed  November  10,  1784. 

An  act  to  establish  a  seal  to  be  used  as  the  great  seal  of  this  State,  passed  Febru- 
ary 12,  1785. 

An  act  for  the  admeasurement  of  boards,  and  for  regulating  the  tale  of  shingles, 
clapboards,  hoops  and  staves,  and  for  other  purposes  therein  mentioned,  passed  June 
21,1785. 

An  act  for  regulating  pilotage  in  the  port  of  Piscataqua,  passed  June  22,  1785. 

An  act  to  prevent  encroachments  upon  highways,  passed  February  27,  1786. 

An  act  for  regulating  the  guaging  of  casks,  passed  January  12,  1787. 

An  act  in  addition  to  an  act  entitled  "An  act  for  the  regulating  the  guaging  of 
casks,"  passed  June  17,  1788. 

An  act  to  preserve  the  fish  in  Piscataqua  river  and  the  branches  thereof,  passed 
January  20,  1789. 

An  act  to  prevent  the  spreading  of  the  small  pox,  for  allowing  hospitals  to  be 
erected  under  certain  restrictions,  and  to  repeal  an  act  entitled  "  An  act  providing 
in  case  of  sickness;"  also  an  act  entitled  "An  act  to  prevent  the  spreading  of  the 
small  pox  in  this  State,"  passed  February  3,  1789. 

An  act  empowering  the  superior  court  of  judicature  of  this  State,  to  hear  and  try 
any  causes  respecting  or  relating  to  the  forfeitures  of  lands  within  this  State  hereto- 
fore granted,  or  that  may  hereafter  be  granted,  for  non-performance  of  the  conditions 
of  such  grants,  to  determine  and  give  judgment  therein  that  such  forfeiture  is  or  is 
not  incurred,  and  to  judge  and  decree  as  a  court  of  chancery  in  certain  of  the  causes 
aforesaid,  passed  February  6,  1789. 

An  act  for  the  appointment  of  solicitors  general,  passed  June  19,  1789. 

An  act  to  provide  for  the  safe-keeping  in  the  public  jails  in  this  State,  of  prisoners 
committed  under  the  authority  of  the  United  States,  passed  January  14,  1790. 

An  act  limiting  suits  on  penal  statutes,  passed  January  26,  1790. 

A  resolution  relating  to  branch  pilots,  passed  January  26,  1790. 

ACTS    PASSED    IN    THE    YEAR    1791. 

An  act  establishing  forms  of  oaths. 

An  act  prescribing  the  forms  of  writs  in  civil  causes. 

An  act  for  recording  proceedings  before  justices  of  the  peace,  and  for  preserving 
such  records. 

An  act  relating  to  attorneys. 

An  act  for  setting  off  debts,  mutual  demands  and  executions  against  each  other. 

An  act  for  preventing  trespasses. 

An  act  to  empower  watchmen  to  apprehend  and  commit  disorderly  persons,  as  is 
hereinafter  declared. 


478  ACTS    REPEALED.  [TITLE  XXX. 

An  act  to  restrain  the  taking  of  unlawful  interest. 
An  act  for  the  punishment  of  profane  cursing  and  swearing. 
An  act  to  prevent  incestuous  niarriages,  and  to  regulate  divorces. 
An  act  directing  the  proceedings  in  case  of  forcible  entry  or  detainer  of  lands  or 
tenements. 

An  act  regulating  marriages,  and  for  the  registering  of  marriages,  births  and  burials. 

An  act  relative  to  common  fields,  and  regulating  fences. 

An  act  regulating  swine. 

An  act  relative  to  strays  and  lost  goods. 

An  act  regulating  pounds. 

An  act  to  prevent  fraud  in  cord  wood  exposed  to  sale. 

An  act  for  the  inspection  of  pot  and  pearl  ashes. 

An  act  directing  the  proceedings  against  deficient  collectors. 

ACTS    PASSED    IN    THE    YEAR     1792. 

An  act  to  prevent  common  nuisances. 

An  act  for  the  repeal  of  a  certain  clause  of  the  act  for  preventing  the  spreading 
of  the  small  pox,  made  and  passed  the  third  day  of  February,  Anno  Domini  1789, 
and  in  addition  to  and  amendment  of  the  said  act. 

An  act  to  prevent  obstructions  and  impediments  to  navigation  in  the  river  Piscata- 
qua  and  harbor  of  Portsmouth. 

An  act  to  establish  post  guides  and  to  facilitate  travelling  in  and  through  this  State. 

ACT    PASSED    IN    THE    YEAR    1793. 

An  act  to  alter  and  amend  an  act  passed  the  twenty-eighth  day  of  December,  Anno 
Domini  1791,  entitled  "An  act  for  the  inspection  of  pot  and  pearl  ashes." 

ACTS    PASSED    IN    THE    YEAR    1794. 

An  act  directing  the  mode  of  administering  oaths  in  certain  cases. 

An  act  in  addition  to  an  act  entitled  "  An  act  empowering  the  superior  court  of 
judicature  of  this  State,  to  hear  and  try  any  causes  respecting  or  relating  to  the  for- 
feiture of  lands  within  this  State  heretofore  granted,  or  that  may  hereafter  be  granted 
for  non-performance  of  the  conditions  of  such  grants,  to  determine  and  give  judg- 
ment therein  that  such  forfeiture  is  or  is  not  incurred,  and  to  judge  and  decree  as  a 
court  of  chancery  in  certain  of  the  causes  aforesaid." 

An  act  to  establish  the  method  of  computation  of  money  in  accounts  and  other 
transactions. 

An  act  to  prevent  damages  being  done  on  salt  marshes  in  Hampton,  Hampton  Falls, 
Seabrook  and  South  Hampton. 

An  act  to  promote  the  increase  of  sheep  in  this  State. 

An  act  to  prevent  the  keeping  of  large  quantities  of  gunpowder  in  private  houses 
in  Portsmouth,  and  for  appointing  a  keeper  of  the  magazine  belonging  to  said  town. 

ACTS    PASSED    IN    THE    YEAR    1795. 

An  act  providing  for  the  compensation  of  certain  persons  employed  in  apprehend- 
ing, and  bringing  to  justice  offenders  against  the  laws  of  this  State. 
An  act  to  prevent  damage  being  done  by  horses,  mules  and  jacks. 
An  act  for  the  preservation  of  salmon  and  shad  in  Connecticut  river. 
A  resolve  in  relation  to  deficiencies  in  the  payment  of  state  taxes. 


CHAP.  230.]  ACTS    REPEALED.  479 

ACTS    PASSED    IN    THE    YEAR     1796. 

An  act  in  addition  to  the  laws  now  in  force  relating  to  proprietary  matters. 
An  act  to  declare  the  use  of  fines  and  forfeitures  within  this  State. 

ACTS    PASSED    IN    THE    YEAR    1797. 

An  act  for  rendering  the  decision  of  civil  causes  more  speedy  and  less  expensive 
than  heretofore. 

An  act  for  the  regulation  of  mills. 

An  act  in  addition  to  an  act  regulating  pounds. 

An  act  regulating  scale  beams,  steelyards,  weights  and  measures. 

ACTS    PASSED    IN    THE    YEAR    1798.    ^ 

An  act  in  addition  to  the  laws  relating  to  proprietary  matters. 

An  act  against  gaming  at  billiards.  ' 

ACTS    PASSED    IN    THE    YEAR    1799. 

An  act  declaring  the  tenure  which  certain  officers  shall  have  in  their  respective 
offices. 

An  act  to  restrain  unincorporated  banking  associations. 

An  act  for  the  better  observation  of  the  Lord's  day,  and  for  repealing  all  the  laws 
heretofore  made  for  that  purpose. 

An  act  empowering  the  inhabitants  of  the  town  of  Portsmouth  to  appoint  health 
officers,  and  for  preventing  nuisances  in  said  town. 

ACTS    PASSED    IN    THE    YEAR    1801. 

An  act  relative  to  the  repairs  of  mills,  mill  dams  and  flooms  owned  by  joint  tenants, 
tenants  in  common,  or  occupied  by  two  or  more  persons. 

An  act  for  laying  a  fine  on  town  clerks  and  sheriffs  neglecting  to  make  seasonable 
returns  of  votes  for  governor,  counsellors  and  senators. 

ACT    PASSED    IN    THE    YEAR    1802. 

An  act  to  regulate  the  inspection  of  butter  and  hog's  lard  intended  to  be  exported 
from  this  State. 

ACTS    PASSED    IN    THE    YEAR    1803. 

An  act  to  prevent  the  issuing  and  passing  bank  notes  or  bank  bills  of  certain  de- 
scriptions therein  mentioned. 

An  act  in  addition  to  an  act  entitled  "  An  act  empowering  the  inhabitants  of  the 
town  of  Portsmouth  to  appoint  health  officers,  and  for  preventing  nuisances  in  said 
town." 

ACTS    PASSED    IN    THE    YEAR    1805. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  the  limitation  of  actions  and  for 
preventing  vexatious  suits,"  made  and  passed  the  sixteenth  day  of  June,  A.  D.  179L 

An  act  to  prevent  the  circulation  of  private  notes,  bills,  orders  and  checks. 

An  act  to  secure  to  masters  and  apprentices  bound  by  deed  or  indenture  their 
mutual  privileges. 

An  act  to  prevent  damage  which  may  be  done  by  lumber  to  owners  of  land  lying 
on  and  adjoining  any  river  in  this  State. 


480  ACTS    REPEALED.  [TITLE  XXX. 

An  act  for  rogulating  the  manufacture  and  sale  of  bread. 

An  act  in  addition  to  an  act  for  regulating  pilotage  in  the  port  of  Fiscataqua. 

A  resolve  requiring  papers  relating  to  business  before  the  legislature  to  be  filed  in 
the  office  of  the  secretary  of  state. 

ACTS    PASSED    IN    THE    YEAR    1806. 

An  act  to  authorize  the  proprietors  of  turnpike  roads  and  toll  bridg-es  to  reduce 
their  toll. 

An  act  in  addition  to  and  amendment  of  certain  acts  heretofore  passed  granting 
turnpike  incorporations. 

ACTS    PASSED    IN    THE    YEAR    1807. 

An  act  to  prevent  the  issuing  from  banks  as  a  currency  certain  description  of  bank 
bills,  notes  and  obligations  therein  mentioned. 

An  act  in  addition  to  an  act  entitled  "  An  act  empowering  the  town  of  Portsmouth 
to  appoint  health  officers,  and  for  preventing  nuisances  in  said  town." 

ACTS    PASSED    IN    THE    YE.\R    1808. 

A  resolve  relating  to  the  tenure  of  office  by  judges  and  sheriiTs. 

An  act  making  further  provision  for  the  administration  of  justice. 

An  act  providing  a  remedy  against  the  representatives  of  deceased  parties  to  joint 
obligations  and  contracts. 

An  act  regulating  proprietary  matters. 

An  act  regulating  the  mode  of  putting  pine  timber  into  Connecticut  river. 

An  act  to  prohibit  any  person  from  hauling  or  removing  sea  weed  and  rock  weed 
from  the  sea  shore  in  the  towns  of  Hampton  and  North  Hampton. 

An  act  for  the  preservation  of  fish  in  Newfound  lake  in  the  county  of  Grafton. 

ACT    PASSED    IN    THE    YEAR    1809. 
An  act  directing  how  joint  tenancies  shall  be  created. 

ACT    PASSED    IN    THE    YEAR    1810. 
An  act  to  prevent  persons  from  digging  up  the  bodies  of  dead  people. 

ACTS    PASSED    IN    THE    YEAR     1811. 

An  act  to  authorize  towns  to  make  by-laws  to  prevent  horses,  mules,  jacks,  neat 
cattle,  sheep  and  swine  from  going  at  large. 

An  act  to  encourage  the  raising  of  hemp  in  this  State. 

An  act  respecting  dogs. 

An  act  to  prevent  the  destruction  of  salmon,  shad  and  alowives  in  Merrimack 
river  and  the  several  streams  falling  into  the  same,  and  for  repealing  certain  laws 
heretofore  made  for  that  purpose. 

An  act  to  facilitate  the  passing  of  fish  in  Piscataquog  river. 

An  act  to  facilitate  the  passing  of  fish  in  Babboosook  brook. 

An  act  for  the  preservation  of  fish  in  Long  pond,  so  called,  in  Concord,  in  the 
county  of  Rockingham. 

A  resolve  relating  to  the  exchange  of  statutes  with  other  states. 


CHAP.  230.]  ACTS    REPEALED.  481 

ACTS    PASSED    IN    THE    YEAR    1812. 

An  act  prescribing  tlie  mode  of  attaching  on  mesne  process  and  selling  on  execu- 
tion, shares  in  incorporated  companies,  and  pews  in  meeting-houses  and  other  places 
of  public  worship. 

An  act  to  remedy  the  loss  of  annual  meetings. 

An  act  in  addition  to  the  laws  now  in  force  relating  to  the  proceedings  of  corpo- 
rations. 

ACTS    PASSED    IN    THE    YEAR    1814. 

An  act  directing  the  return  of  statements  every  year  from  the  several  incorporated 
banks  in  this  State  to  his  excellency  the  governor  and  council. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  the  better  observation  of  the 
Lord's  day,"  and  for  repealing  all  the  laws  heretofore  made  for  that  purpose. 

An  act  regulating  the  piling,  hauling  and  removing  of  sea  weed  and  rock  weed 
from  the  sea  shore  in  the  town  of  Rye. 

An  act  in  addition  to  an  act  entitled  "An  act  relative  to  strays  and  lost  goods," 
passed  Feb.  9,  1791. 

An  act  to  prevent  the  destruction  of  fish  in  Turkey  ponds,  so  called,  in  Concord 
in  the  county  of  Rockingham. 

An  act  to  prevent  the  destruction  of  fish  in  Winnipissiogee  lake,  Squam  pond, 
and  the  bays  on  the  Winnipissiogee  river. 

ACT    PASSED    JUNE     SESSION,     1815. 

An  act  to  prevent  unjust  imprisonment  and  to  secure  the  privilege  and  benefit  of 
the  writ  of  habeas  corpus. 

ACTS    PASSED    JUNE    SESSION,     1816. 

An  act  to  enforce  the  satisfaction  and  payment  of  executions  against  certain  cor- 
porations. 

An  act  regulating  the  hunting  of  deer. 

An  act  to  prevent  fraud  and  deception  in  the  packing  of  pickled  fish,  and  in  curing 
and  packing  smoked  alewives  and  herrings,  and  to  regulate  the  size  and  quality  of 
the  casks  and  boxes,  and  the  sale  and  exportation  within  and  from  this  State. 

ACTS    PASSED    NOVEMBER    SESSION,     1816. 

An  act  to  prevent  the  circulation  and  currency  of  certain  bank  bills  of  a  denomi- 
nation less  than  one  dollar. 

An  act  relating  to  the  branding  or  marking  of  sheep. 

An  act  to  repeal  all  acts  heretofore  passed  relative  to  the  passage  of  alewives  and 
other  fish  in  Eastermac  and  Tarbell's  brooks,  in  Nottingham  West  in  the  county  of 
Hillsborough. 

An  act  to  prevent  the  destruction  of  fish  in  Rolfe's  pond,  so  called,  in  Hopkinton 
in  the  county  of  Hillsborough. 

An  act  prescribing  the  mode  of  keeping  records  in  the  offices  of  the  state  and 
county  treasurers. 

An  act  to  divide  the  State  into  districts  for  the  choice  of  senators. 

An  act  authorizing  selectmen  to  tax  the  ratable  estates  of  all  ordained  ministers  of 
every  denomination. 

61 


482  ACTS    REPEALED.  [tITLE  XXX. 

ACTS    PASSED    JUNE    SESSION,     1817. 

An  act  declaring  the  tenure  and  providing  for  the  removal  from  office  of  registers 
of  probate. 

An  act  directing  the  mode  of  serving  of  writs  of  scire  facias  in  certain  cases. 

ACTS    PASSED    JUNE     SESSION,     1818. 

An  act  requiring  certain  officers  to  file  certificates  of  their  age  in  the  secretary's 
office. 

An  act  requiring  the  attorney  general,  solicitors  of  the  several  counties,  and  the 
clerks  of  the  several  courts  in  this  State  to  give  bonds. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  prevent  the  circulation  and  cur- 
rency of  certain  bank  bills  of  a  denomination  less  than  one  dollar,"  passed  Novem- 
ber 14,  1816. 

An  act  for  the  preservation  of  alewives  in  Exeter  river. 

An  act  for  the  preservation  of  the  fish  in  the  several  ponds  within  tlie  town  of 
Greenfield. 

An  act  for  the  preservation  of  fish  in  Kezar's  pond  and  Giles'  pond  in  the  town 
of  Sutton  in  the  county  of  Hillsborough. 

An  act  for  the  preservation  of  alewives  in  Salmon  Fall  river. 

An  act  to  alter  the  first  section  of  an  act  entitled  "  An  act  to  prevent  the  destruc- 
tion of  salmon,  shad  and  alewives  in  Merrimack  river,  and  the  several  streams  fall- 
ing into  the  same,  and  for  repealing  certain  laws  heretofore  made  for  that  purpose," 
passed  June  20,  ISll. 

An  act  for  establishing  salaries  of  the  justices  of  the  superior  court  of  judicature- 

A  resolve  granting  copies  of  the  statutes  and  journals  to  the  American  Antiqua- 
rian Society. 

ACTS    PASSED    JUNE    SESSION,     1819. 

An  act  to  provide  for  the  inspection  of  hops  for  exportation. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  the  admeasurement  of  boards 
and  for  regulating  tlie  tale  of  shingles,  clapboards,  hoops  and  staves,  and  for  other 
purposes  tliereln  mentioned,"  passed  June  21,  1785. 

An  act  to  repeal  certain  acts  relative  to  the  passage  of  fish  in  Salmon  brook  in  the 
town  of  Dunstable. 

An  act  to  repeal  an  act  relative  to  the  passage  of  fish  in  Pennychook  brook,  being 
the  line  between  the  towns  of  Merrimack  and  Dunstable. 

An  act  for  the  preservation  of  fish  in  Babboosook  ponds  in  the  town  of  Amherst. 

An  act  for  the  preservation  of  pickerel  in  Gorum  pond  in  the  town  of  Dunbarton 
in  the  county  of  Hillsborough. 

An  act  for  the  preservation  of  pickerel  in  the  several  ponds  in  New  London  in  the 
county  of  Hillsborough. 

An  act  for  the  preservation  of  fish  in  Cobet's  pond  in  Windham,  and  Policy  pond 
partly  in  Windham  and  partly  in  Salem  in  the  county  of  Rockingham. 

An  act  to  prevent  obstructing  the  passage  of  fish  in  a  certain  river  in  Bradford. 

An  act  for  the  preservation  of  salmon  trout  in  Sunapee  lake. 

An  act  to  prevent  vexatious  lawsuits  and  to  limit  bills  of  costs. 

An  act  making  provision  for  the  payment  of  the  salaries  of  the  justices  of  the  supe- 
rior court  of  judicature,  and  for  other  purposes. 

ACTS    PASSED    JUNE    SESSION,     1820. 

An  act  for  the  preservation  of  pickerel  in  Massebesic  pond  partly  in  Chester  in 
the  county  of  Rockingham,  and  partly  in  Manchester  in  the  county  of  Hillsborough. 


CHAP.  230.]  ACTS    REPEALED.  483 

An  act  to  provide  for  the  appointment  of  inspectors  and  regulating  the  manufac- 
tory of  gunpowder. 

An  act  to  prevent  the  introduction  of  paupers  from  foreign  ports  or  places. 

An  act  granting  additional  powers  to  the  courts  of  probate  and  for  the  regulation 
of  trustees  and  guardians. 

A  resolve  granting  the  statutes  of  this  State  to  the  United  States. 

ACTS    PASSED    NOVEMBER    SESSION,     1820. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  to  prevent  the 
destruction  of  salmon,  shad  and  alewives  in  Merrimack  river,  and  the  several  streams 
falling  into  the  same,  and  for  regulating  and  repealing  certain  laws  heretofore  made 
for  tJiat  purpose,"  passed  June  20,  1811. 

An  act  regulating  fees  and  repealing  certain  acts  relative  to  the  same. 

An  act  in  addition  to  and  in  amendment  of  an  act  passed  June  session,  1820,  grant- 
ing additional  powers  to  the  courts  of  probate,  and  for  the  regulation  of  trustees  and 
guardians. 

ACTS    PASSED    JUNE    SESSION,     1821. 

An  act  to  prevent  frauds  in  the  management  of  the  business  of  banks  and  of  public 
officers. 

An  act  to  enforce  the  payment  of  bills  and  notes  issued  by  banking  companies. 

An  act  for  apprehending  offenders  in  any  county. 

An  act  to  establish  a  literary  fund  to  be  collected  from  the  several  banking  corpo- 
rations within  this  State. 
,  An  act  regulating  pedlers,  hawkers  and  showmen. 

An  act  to  prevent  the  destruction  of  beavers,  minks,  muskrats  and  otters. 

A  resolution  requiring  the  acts  of  each  session  to  be  transmitted  to  the  judges  of 
the  circuit  court  of  the  United  States. 

ACTS    PASSED    JUNE    SESSION,     1822. 

An  act  making  provision  for  the  sale  on  execution  of  all  rights  in  equity  of  re- 
deeming real  estate  mortgaged. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  authorize  towns  to  make  by-laws 
to  prevent  horses,  mules,  jacks,  neat  cattle,  sheep  and  swine  from  going  at  large," 
passed  June  17,  1811. 

An  act  creating  the  office  and  providing  for  the  appointment  of  corn  and  grain 
measurers  in  the  town  of  Portsmouth. 

An  act  defining  the  jurisdiction,  powers  and  duties  of  a  judge  of  probate,  and  the 
duties,  exemptions  and  liabilities  of  executors,  administrators  and  guardians  in  cer- 
tain cases. 

An  act  for  the  descent  and  distribution  of  intestate  estates. 

An  act  for  the  devising  of  real  estate,  the  attestation,  filing  and  recording  of  wills 
in  certain  cases  and  the  distribution  of  testate  estates. 

An  act  regulating  the  settlement  and  distribution  of  insolvent  estates. 

An  act  empowering  the  several  judges  of  probate  to  license  executors,  adminis- 
trators and  guardians  to  sell  real  estate  in  certain  cases,  and  for  perpetuating  the  evi- 
dence of  such  sales. 

An  act  in  addition  to  an  act  entitled  "An  act  empowering  the  several  judges  of 
probate  to  license  executors,  administrators  and  guardians  to  sell  real  estate  in  cer- 
tain cases,  and  for  perpetuating  the  evidence  of  such  sales." 

An  act  regulating  suits  on  bonds  given  to  a  judge  of  probate,  and  directing  the 
manner  in  which  such  bonds  may  be  taken. 


484  ACTS    REPEALED.  [tITLE  XXX. 

An  act  authorizing  and  regulating  appeals  from  the  decisions  of  a  judge  of  probate. 

An  act  extending  the  powers  of  the  justices  of  the  superior  court  of  judicature  in 
certain  cases. 

An  act  to  establish  the  rate  at  which  bank  shares  shall  be  valued  in  making  and 
assessing  direct  taxes. 

An  act  establishing  the  law  of  the  road. 

ACTS  PASSED  JUNE  SESSION,  1823. 

An  act  to  establish  a  system  of  police  in  the  town  of  Portsmouth  and  for  other 
purposes 

An  act  authorizing  the  superior  court  of  judicature  to  appoint  auditors  in  certain 


ACT    PASSED    JUNE     SESSION,     1824, 

An  act  in  addition  to  an  act  for  forming,  arranging  and  regulating  the  militia, 
passed  December  22,  1820. 

ACTS    PASSED    NOVEMBER    SESSION,     1824. 

An  act  in  addition  to  an  act  entitled  "An  act  for  the  descent  and  distribution  of 
intestate  estates,"  passed  July  2,  1822. 

An  act  to  preserve  the  evidence  of  titles  to  land  sold  by  sheriffs  for  state  and 
county  taxes. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  prevent  incestuous  marriages  and 
regulate  divorces." 

A  resolution  allowing  copies  of  the  laws  and  journals  to  places  having  ten  ratable 
polls. 

ACTS    PASSED    JUNE    SESSION,     1825. 

An  act  for  the  limitation  of  actions  and  preventing  vexatious  suits. 

An  act  regulating  the  service  of  mesne  process  on  corporations  in  certain  cases. 

An  act  in  addition  to  and  amendment  of  an  act  entitled  "An  act  to  prevent  persona 
from  digging  up  the  bodies  of  dead  people." 

An  act  for  the  preservation  of  pickerel  in  Suncook  ponds  in  the  town  of  Barnstead 
in  the  county  of  Straft'ord. 

An  act  in  addition  to  an  act  entitled  "An  act  denning  the  jurisdiction,  powers  and 
duties  of  a  judge  of  probate,  and  the  duties,  exemptions  and  liabilities  of  executors, 
administrators  and  guardians  in  certain  cases." 

An  act  authorizing  an  action  of  replevin  in  certain  cases. 

An  act  to  prevent  the  disturbance  of  religious  meetings. 

An  act  to  prevent  injuries  happening  to  the  ordnance,  carriages,  harness  and  appa- 
ratus appertaining  to  the  ordnance  and  gun  houses  belonging  to  the  State. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  laying  a  fine  on  town  clerks  and 
sheriffs  neglecting  to  make  seasonable  returns  of  votes  for  governor,  counsellors  and 
senators." 

A  resolution  relative  to  tlie  purchase  of  the  New  Hampshire  Reports  annually 
published. 

ACTS    PASSED    JUNE    SESSION,     1826. 

An  act  to  regulate  the  inspection  of  bet^f  and  pork  intended  to  be  exported  from 
this  State. 


CHAP.  230.]  ACTS    REPEALED.  4g5 

An  act  for  the  preservation  of  fisli  in  the  Wash  pond  and  in  the  Island  pond. 

An  act  in  addition  to  an  act  entitled  "An  act  defining  the  jurisdiction,  powers  and 
duties  of  a  judge  of  probate,  and  the  duties,  exemptions  and  liabilities  of  executors, 
administrators  and  guardians  in  certain  cases,"  passed  July  2,  1822. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  the  descent  and  distribution  of 
intestate  estates,"  passed  July  2,  1822. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  establish  a  court  of  common  pleas 
for  the  State  of  New  Hampshire." 

An  act  to  prescribe  the  mode  of  election  of  representatives  for  this  State  in  the 
Congress  of  the  United  States. 

An  act  for  the  regulation  and  government  of  schools  in  the  town  of  Portsmouth. 

An  act  to  secure  to  owners  their  property  in  logs,  masts,  spars  and  other  timber 
in  Saco  and  Ossipee  rivers  in  certain  cases. 

An  act  providing  for  the  publication  of  the  acts  and  journals  of  the  legislature. 

A  resolution  providing  for  tlie  distribution  of  the  New  Hampshire  Reports. 

ACTS    PASSED    JUNE    SESSION,     1827. 

An  act  for  the  punishment  of  certain  offences  therein  named. 

An  act  directing  the  mode  in  which  process  shall  be  served  upon  towns  and  certain 
other  corporations,  and  in  which  executions  against  towns  shall  be  levied,  and  for 
other  purposes. 

An  act  relating  to  proprietary  records. 

An  act  to  empower  turnpike  corporations  to  make  alterations  in  their  roads. 

An  act  for  the  suppression  of  lotteries. 

An  act  in  addition  to  the  acts  relative  to  the  preservation  of  fish  in  Merrimack 
river  and  its  tributary  streams. 

An  act  to  regulate  the  keeping  and  selling  and  transporting  of  gunpowder 

An  act  to  provide  for  the  maintenance  of  bastard  children. 

An  act  relating  to  the  election  of  governor,  counsellors,  senators  and  representa- 
tives. 

An  act  for  the  support  and  regulation  of  primary  schools. 

An  act  empowering  school  districts  to  build  and  repair  school  houses. 

An  act  to  regulate  the  perambulation  of  the  lines  between  towns. 

An  act  more  effectually  to  secure  to  the  citizens  of  this  State  their  rights  of  suffrage. 

An  act  regulating  towns  and  the  choice  of  town  ofHcers. 

An  act  empowering  religious  associations  to  assume  and  exercise  corporate  powers. 

An  act  regulating  the  selection  and  services  of  grand  and  petit  jurors. 

An  act  prescribing  the  duty  and  directing  the  mode  of  choosing  registers  of  deeds 
and  county  treasurers,  and  providing  for  the  payment  of  county  expenses. 

An  act  authorizing  the  court  of  common  pleas  to  liberate  prisoners  in  the  county 
jails  in  certain  cases. 

An  act  to  exempt  pews  in  certain  cases  from  attachment  and  execution,  except  for 
taxes  assessed  by  the  parish. 

An  act  to  regulate  the  weighing  of  merchandise  and  other  commodities. 

An  act  regulating  licensed  houses. 

An  act  for  establishing  an  equitable  method  of  making  taxes. 

An  act  to  provide  for  the  collection  of  taxes  assessed  upon  the  inhabitants  of  towns. 

A  resolution  requiring  the  commissary  general  to  give  bond. 

A  resolution  providing  for  the  distribution  of  the  laws  of  the  United  States  among 
towns. 


486  ACTS    REPEALED.  [llTL!:  XXX. 

ACTS    PASSED    JUNE    SESSION,     1828. 

An  act  for  the  preservation  of  toll  bridges. 

An  act  in  addition  to  an  act  entitled  "An  act  for  the  devising  of  real  estate,  the 
attestation,  filing  and  recording  of  wills  in  certain  cases,  and  the  distribution  of  test- 
ate estates,"  passed  July  2,  1822. 

An  act  directing  the  mode  of  choosing  and  appointing  electors  of  president  and 
vice-president  of  the  United  States. 

ACTS    PASSED    DECEMBER    SESSION,     1828. 

An  act  for  the  more  speedy  recovery  of  small  debts. 

An  act  to  declare  the  jurisdiction  and  regulate  the  proceedings  of  justices  of  the 
peace  in  civil  and  criminal  cases. 

An  act  regulating  process  and  trials  in  civil  causes. 

An  act  for  the  punisliment  of  certain  crimes  by  solitary  imprisonment  and  confine- 
ment to  hard  labor. 

An  act  for  the  punishment  of  lewdness,  adultery,  polygamy  and  fornication. 

An  act  for  the  punishment  of  certain  crimes. 

An  act  regulating  process  in  certain  cases. 

An  act  relating  to  the  settlement  of  paupers. 

An  act  for  the  punishment  of  idle  and  disorderly  persons  and  for  the  support  and 
maintenance  of  the  poor. 

An  act  declaring  the  limits  and  boundaries  of  the  several  counties  in  this  State. 

An  act  to  divide  the  State  into  five  districts  for  the  choice  of  counsellors. 

An  act  appropriating  the  literary  fund. 

An  act  in  addition  to  an  act  entitled  "  An  act  regulating  scalebeams,  steelyards, 
weights  and  measures." 

An  act  defining  the  powers  and  prescribing  the  duties  of  executors  and  adminis- 
trators in  certain  cases. 

An  act  relating  to  the  powers  and  duties  of  certain  officers  of  the  militia. 

An  act  relating  to  courts  martial  and  courts  of  inquiry. 

An  act  relating  to  the  organization  and  equipment  of  the  militia  and  for  other  pur- 
poses. 

An  act  imposing  fines  for  neglect  of  military  duty  and  for  other  purposes. 

An  act  relating  to  the  election  of  the  representatives  of  classed  towns. 

An  act  for  the  ease  and  relief  of  poor  debtors. 

An  act  providing  for  the  appointment  and  defining  the  powers  of  commissioners 
of  jail  delivery. 

An  act  in  addition  to  an  act  entitled  "  An  act  providing  for  the  appointment  and 
defining  the  powers  of  commissioners  of  jail  delivery." 

An  act  defining  the  powers  and  duties  of  firewards  and  other  persons  in  certain 
cases. 

An  act  to  regulate  bail  in  civil  causes. 

An  act  to  allow  grace  on  bills  of  exchange  and  promissory  notes  according  to  the 
custom  of  merchants. 

An  act  to  regulate  the  taking  of  depositions  to  be  used  on  the  trial  of  civil  causes. 

An  act  to  declare  the  jurisdiction  of  the  court  of  common  pleas  and  of  the  supe- 
rior court  of  judicature,  and  to  regulate  the  proceedings  in  the  same  courts. 

An  act  to  establish  salaries  for  the  officers  of  the  courts  of  probate  in  this  State. 

An  act  regulating  prisons. 

An  act  prescribing  the  times  and  places  for  holding  the  superior  court,  the  court 
nf  common  pleas  and  the  courts  of  probate  in  the  several  counties. 

An  act  to  facilitate  the  collection  of  taxes  in  the  town  of  Portsmouth. 

An  act  autliorizing  tiie  removal  of  incumbrances  in  highways. 


CHAP.  230.]  ACTS    REPEALED.  487 

ACTS    PASSED    JUNE    SESSION,     1829. 

An  act  making  members  of  mutual  fire  insurance  companies  competent  witnesses 
in  certain  cases. 

An  act  defining  the  duties  of  county  solicitors. 

An  act  to  encourage  the  manufacture  of  leather  and  to  prevent  frauds  therein. 

An  act  subjecting  lands,  tenements  and  hereditaments  to  the  payment  of  debts, 
and  directing  the  mode  of  extending  and  levying  executions  upon  real  and  personal 
estate. 

An  act  for  allowing  a  certain  premium  for  killing  wolves,  and  to  repeal  the  respec- 
tive laws  giving  bounties  for  killing  crows,  wolves,  bears  and  wild  cats. 

An  act  in  addition  to  an  act  entitled  "  An  act  defining  the  jurisdiction,  powers  and 
duties  of  a  judge  of  probate,  and  the  duties,  exemptions  and  liabilities  of  executors, 
administrators  and  guardians  in  certain  cases,"  passed  July  2,  1822. 

An  act  defining  the  duties  of  town  clerks  in  certain  cases. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "An  act  for  the  support 
and  regulation  of  primary  schools,"  passed  July  6,  1827. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  the  regulation  and  government 
of  schools  in  the  town  of  Portsmouth,"  passed  July  7,  1826. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  providino-  for 
the  publication  of  the  acts  and  journals  of  the  legislature,"  passed  July  7,  1826. 

An  act  authorizing  the  superior  court  of  judicature  to  make  partition  of  real  estate. 

An  act  in  addition  to  and  amendment  of  an  act  entitled  "  An  act  regulatino- 
licensed  houses,"  passed  July  7,  1827. 

An  act  prescribing  the  time  and  mode  of  redeeming  real  estate  morto-ao-ed,  and  the 
mode  of  foreclosing  the  right  to  redeem  such  estate. 

An  act  directing  the  proceedings  against  trustees  of  debtors. 

An  act  providing  for  the  regulation  and  government  of  the  state  prison. 

An  act  to  establish  times  and  places  for  holding  courts  of  probate  in  the  county  of 
Hillsborough. 

An  act  prescribing  the  duty  and  regulating  the  office  of  sheriff. 

An  act  declaring  the  mode  of  conveyance  by  deed. 

An  act  to  prevent  frauds  and  perjuries. 

An  act  relating  to  the  powers  of  public  notaries,  and  the  preservation  of  their  records. 

An  act  regulating  the  assignment  of  dower. 

An  act  regulating  the  office  of  coroner. 

An  act  to  provide  for  the  collection  of  taxes  assessed  upon  the  unimproved  lands 
of  non-residents. 

An  act  for  laying  out  highways. 

An  act  for  mending  and  repairing  highways. 

ACTS    PASSED    JUNE    SESSION,     1830. 

An  act  to  authorize  the  appointment  of  commissioners  without  this  State  to  admin- 
ister oaths  and  take  acknowledgments  of  deeds. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  the  suppression  of  lotteries," 
passed  July  7,  1827. 

An  act  in  addition  to  an  act  entitled  "  An  act  regulating  towns  and  the  choice  of 
town  officers,"  passed  June  28,  1827. 

An  act  providing  for  the  recording  of  deeds  of  state  lands  in  the  office  of  secre- 
tary of  state. 

An  act  for  taxing  the  stock  of  fire  insurance  companies. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  laying  out  highways." 

An  act  in  addition  to  an  act  entitled  "  An  act  prescribing  the  duty  and  directing 


488  ACTS    REPEALED.  [tITLE  XXX. 

the  mode  of  choosing  registers  of  deeds  and  county  treasurers,  and  providintr  for 
the  payment  of  county  expenses."' 

An  act  relating  to  the  assessment  of  taxes  in  certain  cases. 

An  act  relating  to  clerks  of  corporations. 

An  act  to  provide  for  the  collection  of  taxes  assessed  upon  the  improved  lands  and 
buildings  of  non-residents. 

An  act  authorizing  the  adjutant  general  to  distribute  the  abstract  of  infantry  tac- 
tics for  the  use  of  the  militia. 

An  act  in  addition  to  an  act  entitled  "  An  act  defining  the  powders  and  duties  of 
firevrards  and  other  persons  in  certain  cases,"  passed  December  16,  1828. 

A  resolution  relating  to  the  distribution  of  the  literary  fund,  approved  July  1, 1830. 

A  resolution  relating  to  the  publication  of  the  laws  in  newspapers,  approved  July 
3,  1830. 

ACTS    PASSED    JUNE    SESSION,     1831. 

An  act  making  further  provision  for  the  partition  of  real  estate. 

An  act  regulating  the  choice  of  moderator. 

An  act  providing  further  remedies  for  landlords  and  tenants. 

An  act  to  provide  for  the  collection  of  taxes  in  certain  cases. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  establish  a  system  of  police  for 
the  town  of  Portsmouth  and  for  other  purposes,"  passed  June  28,  1823. 

An  act  to  authorize  persons  to  assume  and  exercise  corporate  powers  in  certain  cases. 

An  act  in  addition  to  an  act  to  regulate  the  inspection  of  beef  and  pork  intended 
to  be  exported  from  this  State. 

An  act  giving  further  remedies  in  equity. 

An  act  in  addition  to  an  act  entitled  "  An  act  regulating  fees,  and  repealing  certain 
acts  relative  to  the  same,"  passed  Dec.  23,  1820. 

An  act  in  addition  to  an  act  entitled  "  An  act  the  more  effectually  to  secure  the 
rights  of  suffrage  to  the  citizens  of  this  State." 

An  act  in  addition  to  an  act  entitled  "  An  act  appropriating  the  literary  fund," 
passed  December  31,  1828. 

An  act  in  addition  to  and  amendment  of  an  act  entitled  "  An  act  for  allowing  a 
certain  premium  for  killing  wolves,  and  to  repeal  the  respective  laws  giving  bounties 
for  killing  crows,  wolves,  bears  and  wild  cats,"  passed  July  4,  1829. 

An  act  in  addition  to  an  act  entitled  "An  act  for  laying  out  highways,"  passed  July 
3,  1829. 

An  act  to  abolish  special  pleading. 

A  resolution  relative  to  the  appointment  and  duties  of  land  commissioners,  ap- 
proved June  22,  1831. 

A  resolution  authorizing  the  warden  of  the  state  prison  to  furnish  clothing  to  dis- 
charged prisoners,  approved  June  22,  1631. 

A  resolution  authorizing  the  secretary  of  state  to  furnish  copies  of  statutes  to 
unincorporated  places,  approved  June  30,  1831. 

A  resolution  authorizing  the  towns  of  Greenland  and  Newtown  to  elect  represent- 
atives, approved  July  ],  1831. 

A  resolution  classing  the  towns  of  Dalton  and  Breton  Woods  to  elect  a  represent- 
ative, approved  July  1,  1831. 

A  resolution  relative  to  filing  printed  copies  of  journals  of  the  legislature,  appro- 
ved July  2,  183] . 

ACTS    PASSED    JUNE    SESSION,     1832. 

An  act  to  extend  to  the  town  of  New  Market  the  acts  establishing  a  system  of 
police  in  the  town  of  Portsmouth,  and  for  other  purposes. 


CHAP.  230.]  ACTS    REPEALED.  4g9 

An  act  in  addition  to  an  act  entitled  "  An  act  authorizing  an  action  of  replevin  in 
certain  cases,"  passed  June  3'),  18'^5. 

An  act  in  addition  to  an  act  for  establishing  an  equitable  method  of  makino-  taxes, 
passed  July  7,  A.  D.  1827. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  regulate  the  inspection  of  beef  and 
pork  intended  to  be  exported  from  this  State,  and  further  to  regulate  the  inspection 
of  mackerel." 

An  act  allowing  a  certain  premium  for  killing  bears,  wild  cats,  crows  and  foxes. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  laying  out  highways." 

An  act  making  further  provision  for  laying  out  highways. 

An  act  to  prevent  fraud  in  the  transfer  of  personal  property  by  mortgage. 

An  act  authorizing  the  sheriffs  of  the  several  counties  in  this  State  to  remove 
prisoners  in  the  county  jails  in  certain  cases. 

An  act  authorizing  chairmen  of  committees  in  either  branch  of  the  legislature  or 
of  joint  committees  to  swear  witnesses. 

An  act  to  provide  further  for  the  collection  of  taxes  in  certain  cases. 

ACTS    PASSED    NOVEMBER    SESSION,     1832. 

An  act  relating  to  the  organization  of  the  courts  of  justice. 

'An  act  relating  to  mortgages  and  pledges  of  personal  property,  and  property  sub- 
ject to  any  lien  created  by  law. 

An  act  to  authorize  registers  of  probate  to  adjourn  courts  of  probate  in  certain  cases. 

An  act  regulating  the  survey  and  sale  of  sawed  clapboards  and  shingles. 

An  act  in  addition  to  an  act  regulating  marriages  and  for  the  registering  of  mar- 
riages, births  and  burials,  passed  February  15,  1791. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  for  the  support 
and  regulation  of  primary  schools,"  passed  July  6,  1827. 

An  act  regulating  the  office  of  constable. 

An  act  for  the  amendment  of  the  law  in  certain  cases. 

An  act  authorizing  selectmen  to  tax  the  ratable  estate  of  legatees  and  wards  in  the 
hands  of  executors,  administrators,  trustees  and  guardians. 

An  act  in  addition  to  an  act  entitled  "An  act  empowering  the  inhabitants  of  the 
town  of  Portsmouth  to  appoint  health  officers,  and  for  preventing  nuisances  in  said 
town." 

An  act  in  addition  to  the  several  laws  of  this  State  for  the  ease  and  relief  of  poor 
debtors. 

An  act  to  establish  the  rates  at  which  polls  and  ratable  estate  shall  be  assessed  iii 
making  direct  taxes. 

An  act  for  taxing  bank  stock  in  certain  cases. 

An  act  requiring  the  warden  and  superintendent  of  the  state  prison  to  furnish 
bonds  for  the  security  of  the  State. 

An  act  directing  the  publication  of  the  laws  in  certain  newspapers. 

ACTS  PASSED  JUNE  SESSION,  1833. 

An  act  to  alter  the  times  of  holding  the  probate  court  in  Deerfield,  Chester  and 
Derry  in  the  county  of  Rockingham. 

An  act  in  amendment  of  an  act  to  establish  times  and  places  for  holding  courts  of 
probate  in  the  county  of  Hillsborough. 

An  act  in  relation  to  the  militia. 

An  act  in  addition  to  and  in  amendment  of  an  act  imposing  fines  for  neglect  of 
military  duty  and  for  other  purposes,  passed  January  3,  1829. 
62 


490  ACTS    REPEALED.  [TITLE  XXX. 

An  act  in  addition  to  an  act  entitled  "An  act  to  establish  the  rates  at  which  polls 
and  ratable  estate  sliall  be  assessed  in  making  direct  taxes,"  passed  January  4,  1833. 

An  act  in  amendment  of  an  act  entitled  "  An  act  to  prevent  encroachments  upon 
highways,"  passed  February  27,  1786. 

An  act  in  addition  to  an  act  entitled  "An  act  for  the  punishment  of  idle  and  dis- 
orderly persons,  and  for  the  support  and  maintenance  of  the  poor,"  passed  December 
16,  1828. 

An  act  to  regulate  the  weighing  of  beef  in  this  State. 

An  act  providing  for  the  appointment  of  town  officers  in  certain  cases. 

A  resolution  authorizing  the  towns  of  Hampton  Falls,  Newcastle,  Centre  Harbor, 
Temple,  Brookline  and  Middleton  to  choose  representatives,  approved  July  2,  1833. 

A  resolution  annexing  Pinkham's  Grant  to  the  district  of  Jefferson,  Randolph, 
&c.,  approved  July  6,  1833. 

A  resolution  classing  Jackson  and  Hart's  Location  for  the  choice  of  representative, 
approved  July  2,  1833. 

ACTS    PASSED    JUNE    SESSION,     1834. 

An  act  for  the  equal  distribution  of  property  assigned  for  the  benefit  of  creditors. 

An  act  regulating  attachments  on  mesne  process. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  directing  the 
proceedings  against  trustees  of  debtors." 

An  act  relating  to  copartners,  coparceners,  joint  tenants  and  tenants  in  common. 

An  act  relating  to  the  foreclosure  of  mortgages. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  relating  to  the 
powers  and  duties  of  certain  officers  of  the  militia,"  passed  January  3,  1829. 

An  act  in  addition  to  an  act  approved  July  6, 1833,  entitled  "  An  act  in  addition  to 
and  in  amendment  of  an  act  imposing  fines  for  the  neglect  of  military  duty  and  for 
other  purposes,"  passed  January  3,  1829. 

An  act  in  addition  to  an  act  entitled  "  An  act  relating  to  the  organization  and 
equipment  of  the  militia  and  for  other  purposes." 

An  act  relating  to  the  public  property  in  the  arsenal  at  Portsmouth. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  declare  the  jurisdiction  and  regu- 
late the  proceedings  of  justices  of  the  peace  in  civil  and  criminal  cases,"  passed 
December  31,  1828. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  the  amendment  of  the  law  in  cer- 
tain cases,"  passed  January  5,  1833. 

An  act  in  addition  to  an  act  for  the  punishment  of  idle  and  disorderly  persons  and 
for  the  support  and  maintenance  of  the  poor,  passed  December  16,  1828. 

An  act  in  relation  to  warrants  of  distress  for  taxes  issued  against  collectors,  select- 
men and  inhabitants  of  towns  in  certain  cases. 

An  act  to  facilitate  the  collection  of  taxes. 

An  act  in  amendment  of  an  act  entitled  "An  act  relating  to  the  organization  of 
courts  of  justice,"  passed  the  29th  day  of  December,  in  the  year  of  our  Lord,  1832. 

An  act  in  amendment  of  an  act  empowering  the  several  judges  of  probate  to 
license  executors,  administrators  and  guardians  to  sell  real  estate  in  certain  cases, 
and  for  perpetuating  the  evidence  of  such  sales. 

An  act  in  addition  to  an  act  entitled  "An  act  to  remedy  the  loss  of  annual  meetings." 

An  act  in  addition  to  an  act  entitled  "An  act  for  mending  and  repairing  highways," 
passed  July  3,  1829. 

An  act  relating  to  the  competency  of  witnesses 

An  act  declaring  the  boundaries  of  certain  towns. 

An  act  in  addition  to  an  act  entitled  "An  act  allowing  a  certain  premium  for  killing 
bears,  wild  cats,  crows  and  foxes,"  passed  June  22,  1832. 


CHAP.  230.]  ACTS    REPEALED.  491 

An  act  to  prevent  the  destruction  of  pine  and  other  forest  trees. 
An  act  more  effectually  to  protect  the  sepulchres  of  the  dead,  and  to  legalize  the 
study  of  anatomy  in  certain  cases. 

ACTS    PASSED    JUNE    SESSION,     1835. 

An  act  for  the  prevention  of  the  small  pox  and  for  other  purposes. 

An  act  in  addition  to  an  act  entitled  "  An  act  regulating  pedlers,  hawkers  and 
showmen." 

An  act  to  authorize  judges  of  probate  to  settle  accounts  in  certain  cases. 

An  act  relating  to  the  office  of  attorney  general. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  the  regulation  and  government 
of  schools  in  the  town  of  Portsmouth." 

An  act  for  the  preservation  of  highways  and  bridges. 

An  act  relating  to  the  service  of  writs  on  towns. 

An  act  in  addition  to  an  act  passed  July  6,  1828,  entitled  "  An  act  empowering 
school  districts  to  build  and  repair  school  houses." 

An  act  for  establishing  salaries  of  the  several  county  treasurers. 

An  act  relating  to  the  clerks  of  courts  in  the  county  of  Merrimack. 

An  act  in  addition  to  an  act  entitled  "  An  act  directing  the  proceedings  against  the 
trustees  of  debtors." 

An  act  to  alter  the  limits  of  certain  regiments  of  militia  in  this  State. 

An  act  in  amendment  of  an  act  providing  for  the  publication  of  the  acts  and  jour- 
nals of  the  legislature. 

A  resolution  allowing  the  town  of  Atkinson  to  choose  a  representative,  approved 
June  25,  1835. 

A  resolution  classing  Indian  Stream  with  Clarksville,  Stewartstown,  &c.,  for  the 
choice  of  representative,  approved  June  27,  1835. 

A  resolution  authorizing  the  secretary  of  state  to  deliver  New  Hampshire  Reports 
to  clerks  of  courts,  approved  June  25,  1835. 

ACTS    PASSED    JUNE    SESSION,     1836. 

An  act  to  prevent  fraud  in  the  packing,  pressing  and  vending  of  ha^'. 
An  act  to  protect  collectors  of  taxes. 

An  act  declaring  the  tenure  and  providing  for  the  removal  from  office  of  registers 
of  probate. 

ACTS    PASSED    NOVEMBER    SESSION,     1836. 

An  act  to  provide  for  the  receipt  of  the  public  money  of  the  United  States  which 
maj'  be  deposited  with  this  State. 

An  act  providing  for  the  disposition  of  the  public  money  of  the  United  States 
which  shall  be  deposited  with  this  State. 

An  act  in  addition  to  an  act  entitled  "  An  act  providing  for  the  disposition  of  the 
public  money  of  the  United  States  which  shall  be  deposited  with  this  State." 

An  act  to  establish  the  times  and  places  of  holding  the  courts  of  common  pleas  in 
the  several  counties  in  this  State. 

An  act  in  addition  to  an  act  for  the  punishment  of  certain  crimes. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  the  punishment  of  idle  and  disor- 
derly persons,  and  for  the  support  and  maintenance  of  the  poor,"  passed  December 
16,  1828. 

An  act  in  addition  to  and  in  amendment  of  the  several  laws  of  this  State  for  the 
ease  and  relief  of  poor  debtors. 

An  act  providing  for  the  settlement  of  accounts  in  courts  of  probate  where  judges 
of  probate  may  be  interested. 


492  ACTS    REPEALED.  [TITLE  XXX. 

An  act  authorizing  the  several  judges  of  probate  in  this  State  to  appoint  guardians 
in  certain  cases. 

An  act  in  addition  to  and  amendment  of  an  act  entitled  "  An  act  regulating  process 
in  certain  cases,"  passed  January  2,  182!). 

An  act  in  addition  to  an  act  entitled  "  An  act  authorizing  the  superior  court  of 
judicature  to  appoint  auditors  in  certain  cases." 

An  act  providing  for  the  assessment  of  damages  for  land  taken  for  railroad  corpo- 
rations. 

An  act  in  amendment  of  and  in  addition  to  an  act  entitled  "  An  act  for  laying  out 
highways,"  passed  July  2,  ]831. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  in  addition  to 
an  act  entitled  'An  act  to  authorize  towns  to  make  by-laws  to  prevent  horses, 
mules,  jacks,  neat  cattle,  sheep  and  swine  from  going  at  large,'  "  passed  June  17, 1811. 

An  act  in  amendment  of  an  act  entitled  "  An  act  to  establish  the  rates  at  which 
polls  and  ratable  estate  shall  be  assessed  in  making  direct  taxes." 

An  act  providing  further  indemnity  to  towns  for  their  liability  on  account  of  ob- 
structions placed  in  highways. 

An  act  enlarging  the  powers  and  duties  of  inhabitants  of  unincorporated  places. 

An  act  to  secure  to  owners  their  property  in  logs,  masts,  spars  and  other  timber  in 
Androscoggin  river. 

An  act  in  addition  to  an  act  regulating  fees. 

An  act  in  addition  to  and  in  amendment  of  an  act  relating  to  the  organization  and 
equipment  of  the  militia,  and  for  other  purposes,  passed  January  3,  1829. 

An  act  to  constitute   the  forty-first  regiment  of  militia  in  this  State. 

An  act  requiring  bond  of  the  treasurer  of  the  State,  and  for  other  purposes. 

An  act  authorizing  notice  of  petitions  to  be  presented  to  the  general  court  to  be 
given  to  corporations  andlndividuals  interested. 

An  act  in  addition  to  and  in  amendment  of  an  act- directing  the  mode  of  choosing 
and  appointing  electors  of  president  and  vice-president  of  the  United  States,  passed 
June  19,  1828. 

An  act  in  addition  to  an  act  providing  for  the  regulation  and  government  of  the 
state  prison. 

An  act  to  regulate  the  standard  for  the  measure  of  oats  and  potatoes  in  this  State. 

An  act  for  the  preservation  of  bridges. 

An  act  in  addition  to  an  act  entitled  "  An  act  empowering  school  districts  to  build 
and  repair  school  houses,"  passed  July  6,  1827. 

An  act  prohibiting  the  emission  and  circulation  of  bank  bills  of  a  small  denomi- 
nation. 

An  act  to  sever  certain  companies  from  their  respective  regiments  and  constitute 
them  the  thirty-fifth  regiment. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  relating  to  the 
public  property  in  the  arsenal  at  Portsmouth,"  passed  July  5,  1834. 

An  act  providing  for  the  appointment  of  a  public  printer  and  prescribing  his  duties. 

An  act  for  the  regulation  and  government  of  schools  in  the  town  of  Portsmouth 

ACTS    PASSED    JUNE    SESSION,     1837. 

An  act  relating  to  banks  and  banking,  and  to  establish  bank  commissioners  for  the 
State  of  New  Hampsnire. 

An  act  to  regulate  manufacturing  corporations. 

An  act  in  addition  to  and  in  amendment  of  an  act  prescribing  the  duty  and  regu- 
lating the  office  of  sheriff,  passed  June  29,  1829. 

An  act  in  addition  to  an  act  passed  June  27,  1835,  relating  to  the  clerks  of  courts 
in  the  county  of  Merrimack. 


CHAP.  230.]  ACTS    REPEALED.  493 

An  act  pertaining  to  the  office  of  register  of  probate  for  the  county  of  Hillsbo- 
rough. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  the  ease  and  relief  of  poor  debt- 
ors," passed  January  3,  1829. 

An  act  authorizing  subsequent  attachments  of  goods  replevied. 

An  act  for  the  assessment  and  better  enforcing  the  collection  of  taxes  in  certain 
cases. 

An  act  in  amendment  of  an  act  entitled  "  An  act  for  establishing  an  equitable 
method  of  making  taxes,"  passed  July  7,  1827. 

An  act  in  relation  to  the  militia. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  constitute  the  forty-first  regiment 
of  militia  in  this  State,"  passed  January  3,  1837. 

An  act  regulating  the  conveyance  of  real  estate  in  certain  cases. 

An  act  in  addition  to  an  act  entitled  "  An  act  for  mending  and  repairing  high- 
ways," passed  July  3,  1829. 

An  act  in  addition  to  the  several  acts  establishing  a  system  of  police  in  the  town 
of  Portsmouth. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  for  the  regula- 
tion and  government  of  schools  in  the  town  of  Portsmouth,"  passed  January  13, 1837. 

An  act  relating  to  registers  of  probate. 

An  act  in  amendment  of  an  act  entitled  "  An  act  in  addition  to  an  act  entitled  '  An 
act  authorizing  the  superior  court  of  judicature  to  appoint  auditors  in  certain  cases,'  " 
passed  December  28,  1836. 

ACTS    PASSED    JUNE    SESSION,     1838. 

An  act  suspending  for  a  limited  time  the  operation  of  an  act  entitled  "  An  act  pro- 
hibiting the  emission  and  circulation  of  bank  bills  of  a  small  denomination,"  passed 
January  13,  1837. 

An  act  regulating  the  sale  of  wine  and  spirituous  liquors. 

An  act  for  the  relief  of  imprisoned  debtors. 

An  act  in  addition  to  an  act  entitled  "  An  act  relating  to  attorneys,"  passed  Feb- 
ruary, 1791. 

An  act  relating  to  trust  property. 

An  act  providing  for  exemption  in  certain  cases  from  military  duty. 

An  act  relating  to  the  wearing  apparel  of  deceased  persons. 

An  act  in  addition  to  an  act  entitled  "An  act  relating  to  banks  and  banking," 
passed  July  5,  1837. 

An  act  allowing  a  certain  premium  for  killing  foxes. 

An  act  to  incorporate  the  New  Hampshire  Asylum  for  the  Insane, 

An  act  in  addition  to  the  several  laws  of  this  State  for  laying  out  highways. 

An  act  relating  to  the  taxation  of  costs  in  actions  of  review. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  to  provide  for 
the  collection  of  taxes  assessed  upon  the  inhabitants  of  towns,"  approved  July  7, 1827. 

An  act  to  prevent  the  disturbance  of  religious  meetings. 

An  act  to  regulate  the  right  of  suffrage. 

An  act  in  amendment  of  and  in  addition  to  an  act  entitled  "  An  act  providing  for 
the  disposition  of  the  public  money  of  the  United  States  which  shall  be  deposited 
with  this  State,"  approved  January  13,  1837. 

An  act  in  addition  to  an  act  regulating  the  office  of  sheriff,  passed  July  4,  1827. 

An  act  for  the  distribution  of  arms  among  artillery  companies. 

An  act  empowering  certain  uniform  companies  to  exercise  corporate  powers. 

An  act  relating  to  the  officers  of  infantry  companies  in  the  second  reo-iinent. 

An  act  to  enable  school  districts  to  purchase  land. 


494  ACTS    REPEALED.  [XITLE  XXX. 

An  act  in  addition  to  an  act  in  addition  to  and  in  amendment  of  an  act  imposing 
fines  for  neglect  of  military  duty,  and  for  other  purposes. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  in  relation  to 
the  militia,"  passed  July  7,  1837. 

A  resolution  authorizing  the  town  of  South  Hampton  to  choose  a  representative. 

ACTS    PASSED    JUNE    SESSION,     1839. 

An  act  in  addition  to  an  act  relating  to  banks  and  bankincr. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  regulate  the  taking  of  depositions 
to  be  used  on  the  trial  of  civil  causes." 

An  act  in  addition  to  the  probate  laws  of  this  State. 

An  act  in  amendment  of  an  act  entitled  "  An  act  to  regulate  manufacturimr  cor- 
porations." 

An  act  to  regulate  the  granting  of  views  in  t&e  trial  of  actions  in  certain  cases. 

An  act  in  amendment  of  an  act  entitled  "  An  act  in  addition  to  an  act  entitled  '  An 
act  for  laying  out  highways,'  "  passed  July  3,  1829. 

An  act  in  addition  to  an  act  entitled  "  An  act  relating  to  proprietary  records," 
approved  July  3,  1827. 

An  act  for  the  preservation  of  the  bridge  across  the  Ammonoosuck  river  at  Little- 
ton village. 

An  act  in  relation  to  the  public  revenue  deposited  with  the  several  towns. 

An  act  to  provide  for  the  equitable  division  of  the  property  of  school  districts  in 
certain  cases. 

An  act  in  addition  to  an  act  relating  to  the  election  of  governor,  counsellors, 
senators  and  representatives,  passed  June  29,  1827. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  authorize  persons  to  assume  and 
exercise  corporate  powers  in  certain  cases." 

An  act  to  guard  against  fires  in  the  state  house  yard. 

An  act  relating  to  students  at  literary  institutions. 

An  act  regulating  the  price  of  printing  executed  by  authority  of  this  State. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "An  act  regulating 
fees,"  passed  December  23,  1820. 

An  act  in  addition  to  and  making  further  amendments  of  an  act  relating  to  the 
public  property  in  the  arsenal  in  Portsmouth,  passed  July  5,  1834. 

An  act  imposing  fines  upon  warning  officers  who  neglect  or  refuse  to  return  the 
company  orders  to  them  issued  for  warning  privates  and  non-commissioned  officers. 

An  act  to  protect  elections  from  mistakes  and  frauds. 

An  act  to  regulate  suits  against  sheriffs  and  other  officers. 

An  act  to  abolish  the  office  of  quartermaster  general. 

An  act  providing  for  the  division  of  towns  into  school  districts,  and  for  the  alter- 
ation of  the  limits  of  school  districts  in  certain  cases. 

An  act  in  amendment  to  and  explanatory  of  an  act  to  incorporate  the  New  Hamp- 
shire Asylum  for  the  Insane. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  prevent  incestuous  marriages  and 
to  regulate  divorces." 

An  act  for  the  preservation  of  highways  and  bridges. 

An  act  in  addition  to  an  act  entitled  "  An  act  more  effectually  to  protect  the 
sepulchres  of  the  dead,  and  to  legalize  the  study  of  anatomy  in  certain  cases,"  passed 
July  5,  1834. 

An  act  relating  to  the  office  and  duties  of  librarian. 

An  act  to  promote  the  increase  of  sheep  in  this  State. 

A  resolution  requiring  the  warden  of  the  state  prison  annually  to  deposit  the 
vouchers  of  his  accounts  in  tlie  secretary's  office,  approved  July  6,  1839. 


CHAP.  230.]  ACTS    REPEALED.  495 

A  resolution  directing  the  publication  of  the  laws  in  the  Coos  County  Democrat, 
approved  July  6,  1839. 

A  resolution  authorizing  the  town  of  East  Kingston  to  choose  a  representative, 
approved  June  27,  1839. 

ACTS    PASSED    JUNE    SESSION,     1840. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  incorporate  the  New  Hampshire 
Asylum  for  the  Insane." 

An  act  to  exempt  the  town  or  Newington  from  the  operation  of  the  provisions 
of  the  first  section  of  an  act  providing  for  the  division  of  towns  into  school  districts, 
and  for  the  alteration  of  the  limits  of  school  districts  in  certain  cases,  passed  July 
6,  1839. 

An  act  to  constitute  the  forty-second  regiment. 

An  act  relating  to  railroad  and  other  corporations. 

An  act  to  establish  the  times  and  places  for  holding  courts  of  probate  in  the 
county  of  Coos. 

An  act  in  amendment  of  an  act  entitled  "  An  act  in  addition  to  an  act  entitled  '  An 
act  for  laying  out  highways,'  "  passed  July  3,  1829. 

An  act  in  amendment  of  an  act  entitled  "  An  act  for  tlie  limitation  of  actions 
and  preventing  vexatious  suits." 

An  act  to  provide  for  the  choice  of  road  commissioners. 

An  act  to  amend  the  laws  regulating  divorces. 

An  act  suspending  for  a  limited  time  the  operations  of  an  act  entitled  *' An  act 
prohibiting  the  emission  and  circulation  of  bank  bills  of  a  small  denomination," 
passed  January  13,  1837. 

A  resolution  relating  to  the  state  arsenal  at  Lancaster. 

A  resolution  directing  the  publication  of  the  laws  in  the  Granite  State  Democrat, 
approved  June  19,  1840. 

A  resolution  directing  tlie  mode  of  distribution  of  the  journals,  blanks,  &c.,  ap- 
proved June  20,  1840. 

ACTS    PASSED    NOVEMBER    SESSION,     1840. 

An  act  to  constitute  the  counties  of  Belknap  and  Carroll. 

An  act  relating  to  primary  schools. 

An  act  providing  for  the  admeasurement  of  round  ship  timber. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  to  provide  for 
the  choice  of  road  commissioners." 

An  act  in  amendment  of  an  act  entitled  "  An  act  establishing  the  times  and  places 
for  holding  courts  of  probate  in  tlie  county  of  Coos,"  approved  June  19,  1840. 

An  act  in  addition  to  and  amendment  of  an  act  entitled  "  An  act  relating  to  banks 
and  banking  and  to  establish  bank  commissioners  for  the  State  of  New  Hampshire," 
approved  July  5,  1837. 

An  act  to  abolish  imprisonment  for  debt. 

An  act  in  amendment  of  the  laws  now  in  force  relative  to  the  fees  of  trustees  of 
debtors  in  actions  before  justices  of  the  peace,  and  for  other  purposes. 

An  act  in  addition  to  the  several  acts  relating  to  tlie  assessment  and  collection  of 
taxes. 

An  act  to  regulate  the  sale  of  hoops  and  staves. 

An  act  to  locate  and  authorize  the  erection  of  the  New  Hampshire  Asylum  for  the 
Insane. 

An  act  altering  the  places  and  establishing  the  times  and  places  for  holding  courts 
of  probate  in  the  county  of  Grafton. 

An  act  to  render  railroad  corporations  liable  for  damages  by  fire  or  steam. 


496  ACTS    REPEALED.  [TITLE  XXX. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  regulating 
process  and  trials  in  civil  causes." 

An  act  regulating  the  piling,  hauling  and  removing  of  sea  weed  and  rock  weed 
from  the  sea  shore  in  the  towns  of  Hampton,  North  Hampton  and  Rye. 

An  act  in  amendment  of  an  act  entitled  "An  act  in  addition  to  and  in  amendment 
of  an  act  prescribing  the  duty  and  regulating  the  office  of  sheriff,"  passed  June  29, 
1829. 

An  act  in  amendment  of  an  act  entitled  "  An  act  for  laying  out  highways"  passed 
July  3,  1829. 

An  act  in  addition  to  former  acts  relating  to  the  powers  and  duties  of  surgeons. 

An  act  providing  for  exemption  in  certain  cases  from  military  duty. 

An  act  authorizing  towns  to  build  and  repair  school  houses  in  certain  cases. 

An  act  in  addition  to  an  act  entitled  "  An  act  empowering  school  districts  to  build 
and  repair  school  houses,"  passed  July  6,  1827. 

An  act  in  addition  to  an  act  entitled  "An  act  to  prevent  incestuous  marriages  and 
regulate  divorces,  and  for  the  relief  of  married  women  and  widows." 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  for  the  support 
and  regulation  of  primary  schools,"  passed  January  4,  1833. 

An  act  to  amend  the  law  relating  to  the  transfer  of  personal  property  by  mortgage. 

An  act  establishing  a  new  proportion  for  the  assessment  of  the  public  taxes. 

An  act  in  addition  to  and  amendment  of  an  act  regulating  marriages  and  for  the 
registering  of  marriages,  births  and  burials,  approved  Dec.  12,  1832. 

An  act  in  addition  to  an  act  entitled  "An  act  for  the  support  and  regulation  of  pri- 
mary schools,"  passed  July  6,  1827. 

An  act  constituting  a  committee  on  the  library. 

An  act  to  abolish  the  right  to  vote  by  proxy  except  in  certain  cases. 

An  act  to  establish  the  times  and  places  of  holding  courts  of  probate  in  the  county 
of  Sullivan. 

An  act  authorizing  aliens  to  hold  real  estate. 

An  act  relating  to  railroad  corporations. 

A  resolution  classing  Pinkham's  Grant  with  Jackson  to  choose  a  representative, 
approved,  Dec.  4,  1840. 

A  resolution  classing  the  town  of  Carroll,  Nash  and  Sawyer's  Location,  Hart's 
Location  and  Crawford's  Grant  to  choose  a  representative,  approved  Dec.  4,  1840. 

ACTS    PASSED    JUNE    SESSION,     1841. 

An  act  to  divide  the  county  of  Grafton  into  two  judicial  districts. 

An  act  providing  further  remedies  against  fraudulent  debtors. 

An  act  for  the  punishment  of  frauds. 

An  act  making  further  provisions  in  relation  to  trustees  of  debtors. 

An  act  in  addition  to  an  act  relating  to  the  organization  of  courts  of  justice. 

An  act  relating  to  judicial  records. 

An  act  relating  to  the  compensation  of  county  solicitors. 

An  act  to  render  void  the  settlement  of  paupers  gained  under  any  law  passed 
prior  to  1796,  and  to  prevent  litigation. 

An  act  for  the  more  speedy  settlement  of  insolvent  estates  in  certain  cases. 

An  act  in  addition  to  and  in  amendment  of  an  act  passed  December  24,  1640, 
entitled  "An  act  to  prevent  incestuous  marriages  and  regulate  divorces,  and  for  the 
relief  of  married  women  and  -Aidows." 

An  act  securing  to.mechanics  and  laborers  a  lien  on  buildings,  ships  and  other 
vessels. 

An  act  relating  to  the  public  money  deposited  with  the  several  towns  in  this  State. 


CHAP.  230.]  ACTS    REPEALED.  497 

An  act  to  limit  tlie  liability  of  bank  directors,  and  to  prohibit  officers  of  banks 
from  receiving  compensation  for  services  in  certain  cases. 

An  act  relating  to  railroads. 

An  act  to  prevent  betting  and  wagering  on  elections. 

An  act  establishing  the  fees  of  sheriffs  for  returning  votes. 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  for  the  regu- 
lation and  government  of  schools  in  the  town  of  Portsmouth,"  approved  January 
13,  1837. 

An  act  to  prevent  the  destruction  of  fish  in  Winnipissiogee  lake  and  the  bays  of 
the  Winnipissiogee  river. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  constitute  the  counties  of  Belknap 
and  Carroll." 

An  act  in  addition  to  and  in  amendment  of  an  act  entitled  "  An  act  to  constitute 
the  counties  of  Belknap  and  Carroll,"  passed  December  23,  1840. 

An  act  in  addition  to  an  act  entitled  "  An  act  to  constitute  the  counties  of  Belknap 
and  Carroll." 

An  act  changing  the  place  of  holding  one  of  the  terms  of  the  court  of  common 
pleas  in  the  county  of  Strafford. 

An  act  establishing  the  times  and  places  of  holding  courts  of  probate  in  the  county 
of  Straiford. 

An  act  altering  the  times  and  places  for  holding  courts  of  probate  in  the  county 
of  Hillsborough. 

An  act  changing  the  time  of  holding  the  court  of  common  pleas  in  Coos  county. 

An  act  to  divide  the  State  into  districts  for  the  choice  of  senators. 

An  act  in  addition  to  an  act  entitled  "An  act  to  establish  the  rates  at  which  polls 
and  ratable  estate  shall  be  assessed  in  making  direct  taxes,"  approved  January  4, 
1833. 

An  act  to  provide  further  for  the  collection  of  taxes  in  certain  cases. 

An  act  relating  to  collectors  of  taxes. 

An  act  in  addition  to  an  act  entitled  "  An  act  relating  to  the  public  property  in  the 
arsenals  at  Portsmouth  and  Lancaster." 

An  act  to  alter  the  time  of  calling  out  the  militia  for  inspection. 

An  act  requiring  a  bond  of  the  adjutant  general. 

An  act  in  favor  of  light  infantry  and  other  companies  in  this  State. 

Resolutions  authorizing  the  appointment  of  an  inspector  of  military  stores  and 
other  public  property,  and  the  mode  of  ascertaining  deficiencies,  approved  July  3, 
1841. 

A  resolution  requiring  the  bank  commissioners  to  examine  savings'  banks  in  cer- 
tain cases,  and  report,  and  authorizing  the  governor  to  appoint  trustees,  approved 
July  3,  1841. 


SAMUEL  SWASEY, 

Speaker  of  the  House  of  Representatives. 
JOSIAH  aUINCY, 

President  of  the  Senate. 

APPROVED,  DECEMBER    23,     1842. 

HENRY  HUBBARD, 

Governor. 
63 


INDEX. 


Note. — The  more  important  subjects  will  be  found  under  the  general  heads  ;  and 
where  the  references  are  numerous,  the  subject  matters  under  the  general  heads  are 
arranged  and  referred  to  alphabetically,  and  designated  by  italics. 


Page. 

ABATEMENT  of  taxes 105,109 

of  nuisances 230,  231 

ABATEMENT  of  suits,  not  by  death .  376 

nor  by  marriage 376 

nor  for  misjoinder 376 

nor  for  nonjoinder 376 

nor  for  error  of  form 375 

by  one  suing  as  administrator 320 

on  probate  bond 336 

defendant's  name  unknown 362 

before  justice,  trial 347 

ABDUCTION,  forcible,  punished. .  .435 
attempt  at,  punishment 447 

ACCIDENT,  chancery  powers 340 

ACCESSORIES,  how  punished 447 

when  may  be  tried .447 

ACCOUNTS  of  public  moneys 39 

of  sheriffs 356 

of  administrators 317 

auditors  to  settle 382 

against  county 78 

ACCUSED,  rights  of 12,  19,20 

on  capital  trial 457,  458 

ACKNOWLEDGMENT  of  deeds. 

(See  Deeds.) 67,  69,  243,  244 

ACQUITTAL   bars  prosecution 19 

ACTS,  list  of  repealed 476—497 

to  be  published 26 

approved  by   governor 30 

when  to  take  effect 46 

original,  where  kept 47 

publication   of 47,  48 

distribution  of 48 

of  one  state  to  have  full  credit  in 
another , 10 

ACTIONS  AND  PROCESS.  .357— 374 
Matement.     See  Abatement. 

Actions,  where  to  be  brought 358 

on  written  contract  only . . .  .358,  359 


ACTIONS  AND  PROCESS. 

Actions  on  bills  or  notes 359 

against  officer  to  be  case 359 

in  case  of  escapes 359 

for  road  damages 123,  124 

for  support  of  pauper 138,  139 

against  stockholders 286 

or  by  administrator 319 

on  probate  bond 336 

against  sheriff 355 

coroners 356 

general  provisions  for 358, 359 

on  bond  given  by  debtor  for  re- 
turn of  property 371 

on  replevin  bond 371 

non-entry  of,  liable  for  cost 374 

on  judgment,  limited 385 

Commencement   of 358 

of  real  actions 362 

Entry  of,  not  making,  liable 374 

Limitation  of.     (See  Limitation.) 359 

JVonsziit.  (See  Courts,  proceedings  in)  374 
Pleadings,  special  not  necessary .  ..377 

title   before  justice   excepted .377 

to  be  in  English  language 361 

amendment  of,  allowed 376 

in  actions  of  review 375 

in  case  of  set-off 378 

Repeal,  how  affected  by 475,  476 

Review.     (See  Review.) 386,  387 

Scire  facias.     See  Scire  facias. 
Service.     See  Service. 

Set-off.     (See  Set-off.) 377,  378 

Survivorship  of,  regulated ....  320,   376 

in  habeas  corpus  cases 408 

Venue  of,  regulated 358 

View  in  real  actions   granted 378 

Writs,  forms  and  requisites. .  .361 — 365 
in  real  actions  to  be  summons  or 
attachment  only 362 


500 


INDEX. 


ACTIONS  AND  PROCESS. 

IVrits,  service  of. 365,  366 

ADDRESS,  removal  by 36,  70 

ADJOURNMENT  of  house 26 

of  senate 29 

by  governor 30 

by    governor  and   council 31 

of  probate  court  by  judge 306 

by  register 308 

of  courts 344 

justice  courts 347 

ADJUTANT  GENERAL,  appoint- 
ment   31 

salary  of 467 

to  give  bond 181 

general  duties  of 180,  181 

to  sue  for  injury  to   property ....  169 

duty  as  to  state  arms 169,  182 

to  consolidate   returns 172,  173 

to  review  regiments,  when 170 

to  pay   expenses,  vi'hat 172 

AD  LITEM,  guardian 294,301 

ADMINISTRATION  of  estates..  ..314 

.Accounts,  what  embraced  in 317 

settlement  of 305,  317 

Jidminisiration,  how  granted 315 

in  what  county  granted  . . .  .305,  306 

vacant,  how  granted 315 

Administrator.     See  Administrators. 
Advancement,  what  deemed  to  be .  . .  331 

Assets,  what  are 317 

Citations 310 

Co-executor  of  minor 331 

Debts  due  to  estate 317 

payment  of 318 

Embezzlement,  proceedings  on 319 

Estates,  what  chargeable  with 318 

(See  Distribution  of  Estates.) 

claims  against,  proved 318 

Expenses,  what  and  how  paid 318 

Real  estate,  administrator    to  take 

rents  of,  if  estate  insolvent. . .  .317 

license  to  sell  procured 318 

proceedings  on 327,  328 

set  off  to  administrator 318 

Revocation,  for  what  reason 315 

Vacancy  in  administration  filled. . .  .315 

Waste,  liability  for 316 

not  redeeming  property  is 318 

fraud  in  sales  is 328 

Wills  to  be  filed  in  probate  court 313 

copy  of  foreign,   filed 314 

ADMINISTRATORS. 

Actions,  by  and  against 319,  322 


ADMINISTRATORS. 

Actions,  limitation  of 320 

if  estate  insolvent 320 

appeal    from  commissioner 325 

reviews  on,  not  allowed 326 

on  contract  of,  not  unless  in  wri- 
ting   358 

body  not  liable  on 372 

not  until  after  demand 320 

Administrator  includes  executor. .  .  .314 

who  may  be  appointed 315 

may  require  bond  to  repay 334 

not  liable  to  arrest 372 

may  compound  claims 317 

Appoititnicnt  of 315 

Bojid  to  be  given 315,  316 

condition  of. 315 

surety  on,  when  discharged 326 

fraud  is  breach  of 328 

Claims  of,  how  adjusted 317 

Duties,  general,  of 317,  318 

to  give  bond 315 

to  return  inventory 317 

to  account  for  property 317 

to  receive  rents 317 

to  redeem  property 318 

to  sell  property 318 

to  procure  license  to  sell   . .  .327,  328 
to  fulfil  contract  to   convcj'  real 

estate 328 

to  take  receipts 332 

Executor,  Administrator  includes. .  .314 

to  file  will  in  probate  court 313 

to  accept  or  refuse  trust 313 

neglect,  penalty 313 

in  his  own  wrong 315,  316 

of  executor,  not  executor 315 

Executrix,  marriage  of,  extinguish- 
ment of  trust 315 

Heirs,  wlio  are  and  how  paid.. 331,  332 

receipts  of,  to  be  taken 332 

to  give  bond  to  repay 334 

Tnsoh-ent  estate,  to  be  decreed 322 

action  against,  suspended 320 

collateral  security  sold 323 

claims  against,  alio  we'd 324 

commissioners  paid  by 324 

if  no  property,  settled,  how 324 

surety  on,  when  discharged 326 

.JYotice  to  be  given 316,  317 

Real  estate  to  take  rents  of,  when.. 317 

set  oft'  to,  disposed  of 318 

license  to  sell,  by  whom  granted. 31 8 
proceedings  on 327,  328 


INDEX. 


501 


ADMINISTRATORS. 

Removal  of,  when  and  how 315 

Sale  of  real  estate  by 327,  328 

IVaste,  fraud  in  sales  deemed  to  be. 328 

not  redeeming  property,  is 318 

liability  for 316 

ADMINISTRATRIX,  marriage  of.  .370 
ADULTERY,  punishment  of  . .  .444, 445 
ADVANCEMENT.    (See  Descent.). 231 

AFFIRMATION  means  oath 45,  69 

false,  IS  perjury 441 

AGE  of  judges  and  sheriffs GU 

for  military  duty 156 

of  consent 292 

AGENTS,  TOWN,  chosen 97 

in  case  of  partition 414 

AGREEMENTS.     See  Contracts. 
AGRICULTURAL  society  formed. 264 

AID,  officers  may  require 354 

j  ustice  may  require 449 

or  health  officers 231 

penalty  for  not  giving 354 

AID  DE  CAMP.     See  Militia. 

ALIENS  are  ratable  polls 89 

are  not  voters 81 

may  hold  lands 242 

penalty  for  voting 84 

wife  and  child  of 296 

ALIMONY,  how  granted 36,  294 

security  for,  required 295 

trustee  for,  appointed 295 

ALLEGIANCE,  oath  of 37 

ALLOWANCE  to  widow 329 

AMENDMENT  of  constitution 40 

of  record  or  retui'n  of  votes 91 

of  process  in  courts 362, 376 

ANIMALS,  cruelty  to,  punished 446 

how  taxed 102,  104,  108 

wild,  bounty  on 240 

fur-bearing,  protected 241 

dogs  regulated 241 

impounding  of 2.56 

stray,  what  are 260,  261 

APPAREL  exempt  from  attachment. 367 

from  distress 110 

of  deceased  person 317 

of  widow  and  minors 31 7 

APPEAL  from  justice  in  civil  cases.  .  .36 

proceedings  thereon 346,  347 

on  landlord  and  tenant  act 425 

from  justice  in  criminal  cases  . . .  .448 

on  police  complaints 223 

from  commissioners 325 

from  probatf  to  superior  court. 36,338 


APPEAL  in  case  of  military  fines  ..165 

APPOINTMENTS,  executive 31 

APPRAISERS  of  estates 317 

of  property    attached 370 

of  strays 260 

of  damages  by  floating  timber  ..259 

of  damages  by  cattle 257 

on  executions 393 

APPRENTICES 302—304 

how  bound  out 302 

indenture,  eifect  of 303 

when  forfeited 303 

penalty  for    misconduct 303 

assault   of  master. .  .303 

running   away 303 

enticing  away 304 

neglect  to  teach  ....304 

Pauper,  town,  how  bound  as 138 

county,  how  bound  as 140 

AQUEDUCT  association,  formed... 284 

ARBITRATION,  submission  to 426 

before  a  justice 428 

ARMS  exempt  from  attachment  . . .  .160 

distress 160 

State 169,  182 

ARMY,  STANDING,  dangerous 21 

ARRESTS  AND  BAIL 372—374 

.Irrest  for  tax  of  residents 110 

for  tax  of  non-residents Ill 

for  military  fine 164 

Arrest  on  mesne  process. 

on  town  meeting  day  forbidden.  .372 

legislators    not  liable  to 4,  36 

administrator  not  liable  to 372 

females  not  on  contract 372 

soldiers  not  liable,  when 372 

sheriffs    "         "  "      372 

defendant  in  real  action 372 

not,  if  damages  under  $!l3-33 372 

not  on  debt  since  March  1,  1841 .372 

allowed  on  affidavit,  when 373 

after   entry  of  action,  when 373 

debtor  discharged  not  liable 401 

Jlrrest  on  cxecudon. 

liable  30  days  after  judgment. . .  .373 

after  surrender  by  bail 399 

not  liable  within  one   year,  if 399 

debtor  discharged  not  liable 401 

Jlrrest  in  criminal  cases. 

by  officer 353 

by  police  officers 224 

by  watchmen 225 

Discharge  from,  on  writ,  how 373 

from,  by  court,  liow 373 


502 


INDEX. 


ARRESTS  AND  BAIL. 

Discharge  from,  after  commitment. 373 

unless  taken  within  30  days 373 

by  giving  bail.      (See  Bail.) 373 

Discharge,  by  payment  of  execution  389 

if  in  jail,  on  giving  bond 399 

for  non-payment  of  board 399 

ARSON,  punishment  of 435 

attempt  to  commit 447 

ARTILLERY.     See  Militia. 
ASHES,  pot  and  pearl,  inspection.  ..204 

Brand  of  casks  by  inspector 204 

by  manufacturer 204 

illegal,  penalty 205 

Casks,  quality  of 204 

branding  of 204 

Exportation,  inspected  before 204 

without  inspection,  penalty 205 

seizure  and  trial 205 

coastwise  regulated 205 

Fees  for  inspection 204 

Inspector,   appointment  of 188 

includes  deputies 188 

duty  to  inspect 204 

neglect  of,  penalty 205 

seizures  by,  when 205 

Penalty  for  neglect  to  inspect 205 

branding  illegally 205 

shifting  or  mixing 205 

hindering  inspector 205 

refusal  to  aid  inspector 205 

Sorts  of,  determined 204 

ASSAULT  AND  BATTERY 443 

with  intent  to  kill,  &c 434,  447 

ASSESSMENT  of  public  taxes 24 

of  state  tax 63 

of  town  taxes.     See  Taxes. 

ASSESSORS,  choice  of 96 

in  unincorporated  places.  . . .  27,  101 

ASSIGNMENTS  by  debtors 251 

to  be  equal  and  under  oath 251 

of  dower  by  judge 329,  333 

by  officer 412 

expense,  how  paid 318 

ASSISTANCE.     See  Aid. 

of  prisoner  to  escape 442 

ASSOCIATIONS,  voluntary 283 

agricultural  association 284 

aqueduct  company 284 

cemetery  association 284 

fire  engine  company 284 

insurance  company 284 

library  association 284 

literary   association 284 


ASSOCIATIONS. 

lyceum  association 284 

military    company 187 

musical  association 284 

public  walk 284 

religious  society 281 

scientific  association 284 

ASSUMING  to  be  officer 443 

to  be  fireward 216 

ASSUMPSIT  by  copartner 358 

by  cotenant 358 

by  inhabitants  of  towns 397 

ASYLUM  FOR  THE  INSANE 55 

incorporation  of. , 55 

trustees,  appointment 55 

duties  of. 55 

not  to  be  paid 56 

officers  of 56 

report  on  condition 56 

visitors  of,  who  are 56 

duties  of. 56 

insane,  how  sent 56,  57 

support  of 56,  57 

discharge  of 57 

property  of,  not   taxed 57 

ATTACHMENT  AND  ATTACH- 
ED PROPERTY 367—372 

Appraisal  on  sale  regulated 370 

choice  and  duty  of  appraisers  . .  .370 

return  of  doings  made 370 

of  property  returned 370 

Mtachment,  foreign.  See  Trustee. 

Corporation,  of  shares  in 369 

property  of,  how  seized 369 

franchise  of. 369 

Dissolved,  attachment,  when 371 

not  by  defendant's  death 371 

if  not  seized  within  30  days  after 

judgment 371 

not  by  neglect  to  retain  posses- 
sion in  certain  cases 369 

by  insolvency  of  estate 320 

E(jiiitij  uf  redemption,  attached . . .  .368 

tender  of  amount  due 368 

rights  of  creditor 368 

Exemption,  what,  allowed 367,  368 

Franchise,  how  attached 369 

Mortgaged  property  attached 369 

right  of  creditor  in. 369 

amount  due  to  be  stated 369 

neglect,  penalty 369 

Personal  proper! ij,  what  to  be 367 

wiiat  exempted 367,  368 

mortgaged,  liable 36!) 


INDEX. 


503 


ATTACHMENT. 

Personal  property,  bulky,  &c.,  how 

attached 369 

pews  are  deemed  to  be 369 

sales  of,    regulated 370 

Pews 369 

Property,  what  liable  to 367 

what  is  exempted 367,  368 

interest  in,  what  seized 368 

debtor's  right  to  be  conveyed  to 

creditor,  how 368 

subject  to  claim,  &c 368,  369 

difficult  to  be  removed 369 

mortgaged,  liable 369 

returned  to  owner,  when 370 

proceeds  of,  still  liable 370 

replevied,,  still  liable 370 

bond  for  benefit  of  creditors 371 

suits  on,  what 371 

how  long  holden 371 ,  372 

proceeds  of,  how  restored 371 

Real  estate,  meaning  of  word 45 

how  attached 368 

what  secured  by 368 

change  of  title,  effect 369 

contract  for,  liable 368 

Replevin,  property  taken 411 

liable  as  if  not  replevied 370 

Sales  on  mesne  process 370 

appraisal  and  return 370 

Writ  of,  form  of. 362 

and  capias,  form 363 

ATTAINDER,  bill  of 6,  20 

effect  of 10 

ATTEMPT  to  commit  crime 447 

hiring  to  attempt,  penalty 447 

ATTESTATION  of  deeds 243 

of  wills 311 

ATTORNEY,  admission  of 351 

oath  of 351 

appearance  by 351 

judge  not  to  be 352 

removal  of 352 

sheriffs  not  to  act  as 356 

fees  of 472 

power  of 243 

tender  to 377 

ATTORNEY  GENERAL,  appoint- 
ment   31,  66 

to  give  bond 66 

bond,  how  kept 67 

to  render  account 67 

salary  of. 468 

exclusion  from  office 39 


ATTORNEY  GENERAL. 

duties  of,  general 66 

if  grant  forfeited 409 

if  charter  forfeited. .  .266,  269 

AUDITA  QUERELA 340 

AUDITORS,  appointment  of 382 

•  oath  and  duties  of 382 

report  of,  goes  to  jury 382 

party  neglecting  to  appear 383 

judgment  on  report 383 

compensation  of,  how  paid 383 

BAIL,  excessive,  forbidden 13,  22 

reduced  on  habeas  corpus 407 

how  taken  on  mesne  process  . . .  .373 

on  execution 398 

may  surrender  principal 399 

to  give  notice 399 

discharge  by  oath  of  debtor 401 

by  producing  body 402 

by  neglect  to  notify 402 

by  surrender 402 

before  justices 403 

notice  to,  must  be  given 402 

action  against 402,  403 

costs  on,  how  paid 403 

in  actions  before  justices 403 

BALLOTS,  what  are  deemed 83,  84 

BALLOT  BOXES  provided 83 

BANK  COMMISSIONERS.     (See 

Ba7iks.) 265 

BANKS.     (See  Corporations.) 262 

Jlssignee,  when  appointed 267 

powers  and  duties  of. 267 

to  give  bond 267 

bond  of,  how  sued 267 

to  distribute  assets 268 

compensation  of 268 

Bills  of  private  bank,  void 263 

penalty  for  issuing 263 

bank,  issue  regulated 263 

neglect  to  pay,  penal 263 

denominations  allowed 264 

issue  of,  limited 264 

altered,  to  be  paid. 264 

counterfeiting  of. 439 

Capital,  return  of,  made 265 

tax  on,  ordered 154 

Cashier,  choice  and  oath  of 288 

to  make  returns 265 

not  to  be  indebted 268 

not  to  be  a  director 288 

to  be  an  inhabitant 288 

Charter,  banking  without,  penal . .  .263 


504 


INDEX. 


BANKS. 

Charter,  forfeiture  by  over  issue  . .  .964 
by  paying  divi- 
dend  264 

by  suspension  ..260 
how  vacated 266,  269 

Commissioners,  appointment  of . 265 

general  duties  of 265 — 270 

duties  as  to  savings  banks  270 

Belts,  return  of,  made 265 

in  case  of  suspension 266 

duty  of  assignee 268 

books  of,  open  to  inspection 288 

stockholders  liable  for 286 

Directors,  indebtedness  limited  . . .  .269 

penalty  for  owing  more 269 

guaranty  of  loan   void 269 

number  of,  limited 288 

cashier  shall  not  be 288 

Dividend,  not  after  suspension 264 

Injunction,  when  and  how  issued  .  .266 

effect  and  duration  of. 266 

how  dissolved 267 

to  restrain  creditors 268 

Loans  to  directors  limited 269 

to  cashier  forbidden 268 

guaranty  by  officers  void 269 

Meetings.     See  Corporations. 

Penalty  for  private  banking 263 

neglect  to  redeem  bills 263 

issuing  bills  with  condition 263 

less  than  one  dollar 264 

what  denominations 264 

not  making  returns 265 

making  false  entries,  &c 268 

embezzling  money 268 

paying  fraudulently 268 

taking  fee  for  loan 269 

how  recovered 269 

Private  banking  forbidden 263 

members   liable 263 

bills  issued,  void 263 

Proceedings  open  to  inspection  . . .  .288 
examination  authorized 289 

Returns  made  by  cashier 265 

neglect  to  make,  penalty 265 

Savings,  examined 270 

injunction  against,  issued 270 

business  closed,  how 270 

Stockholders.     See  Corporations. 

Suspension,  dividend   forbidden 264 

debtors  may  suspend,  unless  . . .  .264 
forfeiture  of  charter 266 

Tax  for  literary  fund 1 54 


BANKS. 

Voting,  regulation  of 268 

proxy  forbidden 208 

BASTARD  CHILDREN 141, 143 

complaint  by  mother,  how  made.  141 

warrant  thereon,  issued 141 

band  to  answer  required 141 

mother  a  witness,  when 142 

bond  for  maintenance 142 

town  may  prosecute 142 

costs  of  prosecution,  how  paid  .  .142 

poor  debtor's  oath  taken 142 

respondent  escaping,  arrested  . .  .143 

settlement  of 136 

heirs  of,  who  are 331 

to  be  heirs  of  their  mother 331 

BATTERY.     See  Assault. 

BEARS,  bounty  on 240 

BEASTS,  Stray 260 

BEAVERS,  protection  of 241 

BEDS  exempt  from  attachment 367 

BEEF  AND  PORK,  inspection.  189— 194 

Barrels  for  beef,  quality ^ . .  .190 

to  be  branded 191 

for  pork,  quality 192 

to  be  branded 192 

Brand  of  beef,  sorts 190 

for  the  United  States 190 

barrels  to  be  branded 191 

of  po7-k,  sorts 191 

counterfeiting,  penalty 192 

Coasttcise,  Chapter  embraces 193 

Deputies,  included  in  Inspector  . 188 

Exportation  of  beef  regulated 189 

of  pork,  regulated 191 

not,  until  inspected 193 

certificate  for 193 

if  not  inspected,  penalty 193 

seizure  and  trial 193 

oath  of  master 193 

Fees  for  inspection 192 

for  certificate 193 

of  weighers  of  beef 194 

Forfeiture  for  violation  of  law 193 

Inspector,  appointment  of 188 

to  inspect  when  required 189 

return  of  inspections  made 189 

fees  of ....192,193 

Master  of  vessel,  oath  of 193 

Packing  of  beef  regulated 189 

salting  regulated 190 

for  United  States 190 

of  pork,  regulated 192 

Penalty  for  branding  illegally 192 


INDEX. 


505 


BEEF  AND  PORK. 

Penalty  for  inspecting  out  of  limits  192 

neglect  or  fraud 192 

shifting  or  mixing 192 

exporting  beef  or  pork 

not  inspected 193 

selling  or  buying  beef 
not  weighed,  when  ..194 

Quality  of  beef  prescribed .189 

Sorts  of  beef  determined 190 

of  pork  determined    191 

Weighers  of  beef  appointed 194 

certificate  of  weight 194 

fees  for 194 

penalty  for  violation 194 

BEGGING,  punishment  of. 226 

BELKNAP  COUNTY,  boundaries... 72 

jail  in  Strafford  for 463 

BENEFIT  OF  CLERGY 458 

BETTERMENTS,  plea  of,  filed 384 

amount,  how  determined 384 

judgment  to  be  conditional 384 

BETTING  on  elections  forbidden  ... .92 

money  won,  recovered  back 92 

winning  by,  punished 446 

BIGAMY,  punishment  of 445 

BILL  OF  RIGHTS 17 

BILLIARD  TABLE  forbidden 446 

BILLS  OF  EXCHANGE,  grace  on.. 359 

notarial  duties  on 68 

of  credit,  forbidden 7 

of  attainder,  regulated 6 

private,  not  to  circulate 263 

BIRTHS  AND  DEATHS,  record  of.239 

fees  for,  paid  by  town. 240 

penalty  for  not  making 240 

BLANKS  for  returns  of  votes 64 

for  military  officers . . .  172, 181 

where  deposited 64 

for  probate  office 308 

BLASPHEMY,  punishment  of 445 

BOARD    OF    HEALTH.      See 

Health,  &c. 
BOARDS,  survey  of    (See  Lumber.)  .207 

encumbering  road 130 

BODIES  OF  THE  DEAD.     See  Dead 

BODY. 

BONDS  of  officers.    See  under  each. 
probate.     See  Probate  bond. 

judgment  on  conditional 384 

scire  facias  on 384 

BONFIRES,  penalty  for  making  ...  .221 

BOOKS,  School,  not  attachable 367 

provided  for  poor  .  .  .151 

64 


BOOKS,  School. 

not  to  be  sectarian 151 

how  determined 151 

BOUNDARY  of  counties 71,  72 

western,  of  State 100 

of  towns  perambulated 1 00 

BOUNTY  on  wolves,  wildcats,  bears. 240 

to  be  repaid  by  State 241 

BOWLING  ALLEYS  regulated. ..  .446 

BREACH  of  the  peace,  penalty 443 

justice  may  arrest  for 449 

BREAD,  weight  regulated 212 

BREAKING  and  entering  buildings. 436 

BRIBERY  excludes  from  office 40 

BRIDGES.     See  Highways. 

included  in  Highways 45 

town,  by-laws  for,  when 133 

injur}'  to,  punished 131 

toll,  by-laws  for,  made 133 

BRIEF  STATEMENT  to  be  filed. .  .377 
BRIGADE.     See  Militia. 
BUILDINGS  encroacliing   on  high- 
way   132 

in  case  of  fire 217 

if  decayed  and  dangerous 217 

used  for  noxious  trades 231 

burning  of,  punished 435 

attempt  punished 447 

taxation  of J  02 

BURGLARY,  punishment  of 436 

attempt  to  commit 447 

BURIAL  PLACE,  injury  to,  punish- 
ed  445 

incorporation  of 284 

right  in,  not  attachable 368 

BURNING   of  boards,  &c 436 

of  buildings 435 

attempt  punished 447 

BUTTER  AND  LARD,  inspection 

of 195—197 

Brand  of  casks,  quality 195 

weight 196 

neglect  of,  penalty 196 

counterfeiting,  penalty 197 

Casks,  quality  and  size  of 195 

branding  of 1 95 

to  be  saturated  with  brine 196 

weight  of,  branded 196 

Exportation,  to  be  inspected  before.  195 

certificate  required 196 

oath  of  master 196 

Fees  for  inspection 196 

for  certificate 196 

Forfeiture  if  not  inspected 1 96 


506 


INDEX. 


BUTTER  AND  LARD. 

seizure  and  trial 196 

Inspector  includes  Deputy 188 

to  inspect  butter  or  lard 195 

neglect  of,  penalty 197 

fees   of 196,  197 

Master  of  vessel,  oath  of 196 

Penalty  for  exporting  illegally 196 

branding  illegally 197 

shifting  or  mixing ...  .197 

Quality  of  butter  or  lard 195 

BY-LAWS  of  towns,  how  made 93 

of  voluntary  associations 284 

of  manufacturing  companies. . .  .271 

of  religious  societies 281 

of  military   companies 1 87 

for  bridges 133 

for  poor  farm 137 

for  house  of  correction 225 

dogs,  concerning 241 

proprietors  of  common  lands 277 

CAPIAS,  writ  of,  form 363 

CAPITAL  CASES,  indictment  in.. .12 

rights  of  prisoner 12,  457,  458 

punishment,  how  inflicted 458 

two  justices  of  S.  J.  C.  to  try  if  .342 
CAPTAIN.     See  Militia. 

CAPTION  of  deposition 381 

CARRIAGES,  taxation  of 102 

CARROLL  COUNTY,  boundaries... 72 

jail  in  Strafford  for 463 

CASE,  action  against  officer  to  be.  .  .359 
CASHIERS.     See  Banks. 

CATTLE,  by-laws  for,  in  town 93 

damage   feasant 256 

strays,  damage  feasant 261 

maiming  of,  punished 436 

cruelty  to,  punished 446 

CAVALRY.     See  Militia. 

CEMETERY,  incorporation  of 284 

right  in,  not  attachable 368 

injury  to,  how  punished 445 

CENSUS,  when  and  how  taken 3 

taxes  in  proportion  to 6 

CEREMONY  in  swearing 69,  380 

CERTIFICATE  of  age  of  judge,  «fec-69 
of  inspection.     See  Inspections. 
of  disability.     See  Militia. 

CERTIORARI,  how  issued 340 

CHALLENGE  to  jurors 458 

CHANCERY   powers  of  S.  J.  C.  .  ..340 
See  Court,  Superior. 
on  forfeiture  of  grant 409 


CHARCOAL,  measure  for 214 

CHARITABLE  USES,  in  equity..  .340 

property  holden  for 282,  283 

CHARTERS   may  be  amended,  «fcc. 

(See  Corporations.) 290 

CHASTITY,  «fcc.,  offences  against.  .444 
CHECK-LIST.     (See  Elections.)  ...  .82 

to  be  posted  up 82 

correction  of 83 

to  be  used  in  voting 83 

lodged  with  town  clerk 84 

in  classed  towns 90 

CHESHIRE  COUNTY,  bounds  of.  ..71 
CHILDREN  not  having  a  legacy ....  332 

posthumous  to  inherit 332 

under  7  years,  support  of 324 

settlement  of 136,  137 

pauper,  bound  out 138,  140 

to  maintain  parents 138 

CITATION.  (See  Administration.) .  .^W 

CITIZENS'  rights  in  other  states 10 

CLAIMS.     See  Demands. 

CLAMS,  packing  of 203 

CLAPBOARDS,  inspection  of 208 

fees  for 209 

CLASSED  TOWNS,  provision  for... 25 

election  in 90 

list  of 91 

CLERK     OF      COURT,     appoint- 
ment   37,345 

to  give  bond  and  be   sworn 345 

not  to  be  register  or  treasurer ....  345 
to  account  for  money  received.  .345 
to  make  out  process  for  fines ....  345 

penalty  for  neglect 345 

to  give   copies  of  papers 345 

to  keep  their  offices,  where 345 

to   issue  venires  for  jurors 349 

neglect  of,  penalty 349 

to  issue  summons  for  witness 379 

fees  of 471 

duty  as  to  convicts 465 

county  tax 80 

CLERKS  OF  TOWNS.    See  Town 

CLERK. 

of   corporations.     See   Corpora- 
tions. 
of    proprietors.       See    Proprie- 
tors. 
of  school  districts.     See  Schools. 
of  legislature.    See  Legislature. 
CLOTHING   exempt  from    attach- 
ment  367 

from  distress 110 


INDEX. 


507 


CLOTHING  furnished  convicts 466 

if  infected 234 

of  deceased  persons 317 

of  minors  and  widows 317 

CODICIL  included  in  will 45 

COHABITATION,  unlawful,   pun- 
ished   445 

evidence  of  marriage,  when 297 

COIN,  gold  and  silver,  a  tender 7 

congress  to  regulate 5 

counterfeiting 440 

COLLECTION   OF  TAXES.     See 
Taxes. 

COLLECTORS  of  taxes,  choice  of.. 97 

oath  of  office 97 

to  collect  school  tax 108 

to  give  bond 99 

vacancy,  how  filled 99 

not  compelled  to  be 98 

compensation  of 99 

name  returned  to  state  and  coun- 
ty   treasurer 109 

may  appoint  deputies 112 

powers  and  duties  of 110 — 115 

fees  of Ill,  114 

illegal,  penalty 114 

to  collect  highway  tax 127 

extents  against 116,  117,  397 

actions  against Ill 

COMMISSARY  GENERAL,  choice. 35 

duties  of 169,  182 

to  appoint  deputy 182 

COMMISSIONS,  form  of 38 

tenure  of  office  expressed 36 

COMMISSIONERS,  BANK.      See 
Bank. 

COMMISSIONERS,   ROAD.     See 
Highways. 

COMMISSIONERS  in  other  states. 

appointment  of 68 

oath  and  duties  of. 68,  69 

COMMISSIONERS   of  insolvency. 
See  Insolvent  estates. 

COMMON  FIELDS,  fences  for.... 255 

tax  for,  how  assessed 256 

lines  run  and  marked 256 

COMMON  LANDS.    (See  Proprie- 
tors of  common  lands.)  . . . 277-^281 

COMMON  LAW,  in  force 39 

COMMON  PLEAS.     See  Court  of. 

COMPLAINT,  filed  in  vacation 377 

notice  on,  how  given 377 

before  justice  to  be  on  oath '.449 

limitation  of. 430 


COMPLAINT. 

for  not  entering  action 374 

COMPENSATION  of  officers.     See 
under  each, 
of  prosecutor 459 

COMPUTATION  of  money 40 

of    time 45 

CONCEALING  death  of  child 434 

fraudulent,  of  property 438 

stolen  property 437 

CONFESSION  of  debt  regulated..  .428 
of  damages  on  suit 377 

CONGRESS,  powers  of 5,  6 

CONSCIENCE,  rights  of 17,  19 

CONSTABLES,  choice  of 97 

town  meetings,  to  warn 94 

to  keep  order  in 96 

to  notify  town  officers 98 

to  give  bond 99 

compensation  of. 99 

powers  and    duties  of 357 

action  on    bond  of. 357 

not  compelled  to  serve 98 

CONSTITUTION  OF  N.  H 15—41 

how  amended 40 

prefixed  to  statutes 41 

ratification  of 41 

CONSTITUTION  OF  U.  S 1—14 

how  amended 1] 

supreme  law 11 

CONSTRUCTION  of  statutes 44 

rules,  when  applied 46 

CONTAGIOUS  DISEASES 232 

See  Health  officers,  Quaran- 
tine. 

CONTEMPT  of  witnesses 379 

punishable    by  legislature 26 

by  court  martial 184 

CONTINUANCE.       See    Courts, 
proceedings  in. 

CONTRACTS,  not  to  be  impaired 7 

when   must  be  in  writing. .  .358,  359 
joint  and  several 321 

CONTRIBUTION  by  inhabitant  on 

extent 117 

by  legatees  and  devisees 332 

CONVENTION  to  revise  constitution  40 
county,  how  holden 80 

CONVEYANCE.     (See  Deed.) 243 

of  real  estate 242—245 

defeated  by  writing  only 245 

of  debtor's  interest  in  land 368 

right  to,  sold  on  execution 396 

CONVICTS,  how  committed 465 


508 


INDEX. 


CONVICTS. 

assaults  by,  punished 465 

rewarded  and  punished,  how  . . .  .406 

clothes,  &c.,  furnished 466 

in  custody  on  civil  process 466 

of  United  States,  received 465 

regulations    for,  made 464 

liable  for  costs 459 

for  life,  are  dead  in  law 459 

branded  on  second  offence 459 

conveying  tools  to 442 

aiding  escape  of 442 

COOKING  STOVE  not  attachable  .367 

COOS  COUNTY,  boundaries  of 73 

COPARCENARY  abolished 242 

COPARTNERS,  chancery    powers 

as  to 340 

suits  between,  regulated 358 

COPIES,  fee  for 283,  471 

of  case,  who  to  produce 346 

may  be  agreed  on 345 

to  be  filed  in  criminal  cases 449 

CORD  WOOD 211 

CORONERS,  appointment  of 31 

Action  against,  to  be  case 359 

Bonds  to  be  given  by 356 

action  upon 356 

Fees  o? 473 

Inquest  held  b\',  mode 453—456 

form  of 456 

body  to  be  buried 456 

costs,  how  paid 456 

justice  notified 456 

Powers  and  duties  of 357,  453 

CORPORATIONS,   general    provi- 
sions concerning 285 — 200 

when  to  take  effect 290 

Action  against  stockholders 286 

declaration,  form  of 287 

service  of  writs  on 366 

attachments  on 369 

Charter  continued,  how  long 289 

amendment  or  repeal  of 290 

Clerk  to  be  inhabitant 288 

to  be  sworn 288 

to  give  copy  of  record 288 

fees  for 288 

neglect,  penalty 289 

fees  of 288 

Corporations,  towns  are 93 

school  districts  are 145 

counties  are 76 

parishes  are 93 

military  companies,  when 187 


CORPORATIONS. 

Corporations,  religious  societies  .281 

voluntary  associations 284 

common  lands 277 

Debts,  stockholders  liable  for 286 

demanded  of  corporation. ...... .286 

Debts,  suit  for  recovery,  when 286 

evidence  of,  examined 288 

Execution  against,  proceedings  . . .  .286 

Franchise,  taken  for  highways 119 

attachment  of 369 

sale  of,  on  execution 391 

Meetings  to  pay  debts,  called 286 

penalty  for  not  calling 286 

special,  how  called 288 

annual,  changed 289 

Officers  to  give  in  invoice 106 

penalty  for  neglect 107 

clerk  to  be  inhabitant 288 

cashier  to  be  inhabitant 288 

clerk  and  cashier  sworn 288 

fraud  of,  penalty 290 

to  assist  slieriff  in  attachment  of 
shares,    &c 392 

Records  open  to  inspection 288 

clerk  to  give  copy 288 

copy  given  to  sheriff 392 

Shares,  transfer,  when  valid 287 

record  of,  by  town  clerk 287 

fees  for 287 

to  be  evidence 288 

when  to  be  taxed 102 

where  to  be  taxed 104 

appraisal  for  taxes 1 07 

attachment  of 369 

sale  of,  on  execution 392 

Stockholders  personally  liable 286 

actions  against,  regulated 286 

declaration  in 287 

to  have  contribution 287 

list  of,  given  to  town  clerk 287 

neglect,  penal t}' 288 

administrator,  rights  of 289 

liability  of 269 

Taxes,  property,  when  liable  to. .  .  .102 

where  to  be  assessed 104 

officers  to  give  in  invoice 106 

lien  on  property  for 1 05 

appraisal  for 107 

notice  of,  given 110 

collection  of Ill 

To7cn  clerk  to  record  transfers 287 

Voting  in,  regulated 289 

by  proxy,  forbidden 289 


INDEX. 


509 


CORPORATIONS. 

Pooling,  fraudulent,  penalty 289 

CORRECTION,    houses  of.      See 
House  of  correction. 

COSTS  in  civil  actions 385 

to  follow  event  of  suit 385 

in  suits  on  judgments 385 

if  several  suits  brought 385 

not  to  exceed  damages,  when  ..  ,385 

in  trespass  to  real  estate 385 

if  less  than  $13-33  recovered 385 

security  for,  ordered 3S5 

limited  and  allowed,  how 385 

for  non-entry  of  action 374 

in  case  of  set-off 378 

before  auditor 3S3 

on  review,  regulated 387 

on  poor  debtor's  petition 401 

on  suit  against  bail 403 

on  partition  of  lands 415 

reference  of  disputes 428 

in  criminal  cases 430,  459 

how  paid 451 

on  forfeiture  of  jiroperty 432 

of  coroners'  inquests 456 

Highways,  laying  out,  how  paid  . .  .124 

on  increased  damages 121,  123 

on  road  indictment 125 

witnesses,  when  taxed 125 

how  collected  and  paid 125 

COTENANTS,  actions  between 358 

COUNCIL 33 

districts 34,73 

records  of 34 

COUNSELLORS,  choice  of 33 

qualifications  of 34 

vacancy,  liow  filled 34 

compensation  of 469 

travel  of,  paid 470 

COUNTERFEITING  punished. 439, 440 

bank  bills,  making 439 

passing 439 

making  tools,  &c.,  for 439 

evidence  necessary 440 

coin,  making  or  passing 440 

making  tools,  &c.,  for 440 

COUNTIES,  division  into 71 

Rockingham,  boundaries 71 

Strafford,  "  71 

Hillsborough,       "  71 

Cheshire,  "  71 

Sullivan,  "  72 

Grafton,  '«  72 

Merrimack,  "  72 


COUNTIES. 

Belknap,  boundaries 72 

Carroll,  "  72 

Coos  "  73 

Grafton,  division  of,  into  judicial 
districts 73 

COUNTIES  are  corporations 76 

property  of,  care  of 76 

suits  by  or  against 76 

executions  against 76,  80 

expenses,  how  paid 78 

blanks  for  probate  officers 308 

fire-proof  safes  provided 307 

service  of  process  on 366 

liable  for  escapes 462 

costs,    when    paid    by.      (See 

Costs.) 78,451 

fines  belong  to,when.  (See  Fines.)  430 

COUNTY,  meaning  of  word 45 

COUNTY  CONVENTION 80 

COUNTY  OFFICERS,  election  of  ..76 

meeting  for  choice  of 76 

qualifications  of  voters 76 

officers  to  be  chosen 77 

who  eligible 77 

resignation  of 77 

removal  of 77 

vacancy  in,  filled 77 

oath  of  office 69,  77 

returns  of  votes  for 77 

election,  how  determined 77 

COUNTY  PAUPERS. (See  PrtMj7er5.)139 

COUNTY  REVENUE 80 

statement  of  wants 80 

tax,  grant  of 80 

collection  of 80 

COUNTY  TAX,   grant   and  collec- 
tion of 80 

COUNTY    TREASURER.      (See 

Treasurer,  county.) 78 

COURTS,  proceedings  in 374,  387 

Matement,  not  for  formal  error 375 

not  for  nonjoinder 376 

nor  for  death  of  party 376 

nor  by  marriage 376 

nor  if  suing  as  administrator 320 

nor  by  death  of  judge  of  probate  336 
nor  if  defendant's  name  unknown  362 

Jimendment  of  errors  of  form 376 

in  matters  of  substance 376 

by  striking  out  defendant 376 

Auditors.     (See  Auditors.) 382 

Confession  authorized 377 

Continuance  if  no  notice  given  . . .  .375 


510 


INDEX. 


COURTS. 

Continuance  of  actions  before  justice  375 

administrator  entitled  to 321 

on  set-off,  entitled  to 378 

Costs.     (See  Costs.) 385 

complaint  for,  filed 374 

in  case  of  set-off 378 

before  auditors 383 

how  and  when  allowed 385 

Damages  on   default 375 

in  actions  of  review 387 

on  bonds 384 

on  mortgages 384 

Default,  what  is  deemed  to  be 375 

judgment  on,  rendered 375 

when  struck  off 375 

Depositions.  (See  Depositions.)  379,  382 
Entry  of  action,  costs  for  neglect.  .374 

Evidence 379,  382 

summons  to  witnesses 379 

depositions,  how  taken 379,  382 

extracts,  wlien  used  as 116 

copies,  when  used  by 345 

Judgment,  on  nonsuit 374 

on  default 375 

if  defendant  absent 375 

in  case  of  set-off 378 

to  be  in  dollars  and   cents 383 

interest  computed 383 

in  case  of  betterments 384 

on  bonds  or  mortgages 384 

JV'ejc  trial.     (  See  Review.) 386 

Nonsuit,  costs  for    defendant,  on 374 

Notice,  if  defendant  absent 375 

special,  how  given 375 

by  justice,  how  given 375 

order  of,  by  court,  mode 376 

issued  in  vacation 377 

of  set-off 378 

Plea,  special,  not  necessary,  except 

a  plea  of  title  before  justice . . .  .377 

in  reviews  before  justice 375 

of  set-off 378 

Revicto.     (See  Review.) 375,  386 

Set-off  regulated.  (See  Set-off .)  377,378 

Tender  to  attorney  of  plaintiff 377 

a  bar  to  proceedings 377 

Vacation,  petitions  filed  in 377 

COURTS  OF  COMMON  PLEAS. 

Adjournment,  when  and  how 344 

Clerks.     (See  Clerks  of  courts.)  ....  344 
Costs.     See  Costs. 

Exceptions,  when  and  how  taken  — 343 
proceedings  thereon 343 


COURTS  OF  COMMON  PLEAS. 

Jurisdiction   of,  general 342 

violation  of  license  law 228 

religious  meetings 229 

police  offences 223,  226 

hawkers  and  pedlers 239 

shows  and   exhibitions 239 

appeals  from  justices 342,  448 

in  capital  trials,  two  justices  of  su- 
perior court  to  attend 342 

issues  of  fact  sent  from  superior 

court 343 

in  case  of  highways 120 

gates  on  roads 132 

ferries 135 

small  pox 233 

in  the  abatement  of  taxes 109 

in  reference  of  disputes 427 

in  case  of  auditors 382 

sheriff 's  bond 353 

county  property, &c..  .76 

may  remit  fines 462 

Justices,  circuit,  number  of. 342 

salaries  of. 468 

county,  number  of 342 

salaries  of 468 

who  shall  preside 342 

quorum,  what  constitutes 342 

not  to  sit  on  trial,  when 343 

JVeio    trials,   granted    by    superior 

court 340 

Rules  for  court,  how  made 341 

Terms,  when  and  where  holden  343,  344 

change  of,  effect 344 

Writs.     See  Writs. 
COURTS,  Superior. 

Adjournment,  when  and  how 344 

Chancery,  powers  of •  •  340 

in  case  of  charitable  uses 340 

trust  or  fraud 340 

accident  or  mistake . . .  340 
copartners,  cotenants .  .340 

mortgages 340 

assignment  of  dower.  .340 
secreting  property.  . .  .340 
specific   performance . .  340 

discovery 340 

injunctions 340 

creditor's  bill 396 

Clerk.     (See  Clerks  of  courts.) 344 

Decision  of,  how  certified  to  court 

of  common  pleas 343 

Districts,  State  divided  into 341 

court  sitting  in,  power 341 


INDKX. 


511 


COURTS,  Superior. 

Districts,  clerks  of,  powera 341 

Injunctions  against  father 294 

against  husband 294,  297 

against  bank 266 

creditors   of 268 

powers  in  case  of 340 

Issue  of  fact  sent  to  court  of  com- 
mon pleas  for  trial 341 

Jurisdiction,  general 339 — 341 

of  divorce  and  alimony 36,  294 

child  of  alien  to  protect 297 

•    in  cases  at  common  law 340 

of  writs  of  error 340 

certiorari 340 

mandamus 340 

quo  warranto 340 

injunction 340 

habeas   corpus 340 

of  probate  appeals 36,  338 

petitions  for  review 340 

new   trial 340 

on  mortgages 340 

for  partition 340 

forfeiture  of  grant 340 

cases  transferred 340 

as  a  court  of  equity 340 

issues  of  law  from  common  pleas  343 

Jury,  none  to  be  sumaioned 340 

Justices,  number  of 340 

salaries  of 468 

quorum  of 341 

two,  to  try  indictment  for  murder  342 

Probate  appeals,  trial  of 338,  339 

Rules  of  court,  how  made 341 

Terms,  when  and  where  holden. . .  .341 
Writs.    See  Writs. 

COURT  OF  PROBATE 305 

Adjournment  by  judge 306 

by  register 308 

Administration,  grant  of 305 

Appeal,  how  and  when  allowed. . .  .338 

proceedings  thereon 338,  339 

if  judge    interested 306 

Bonds.    (See  Probate  bond^.) 335 

Citation,  issue  and  service  of. 310 

Costs  on  suit  6n  probate  bond 337 

on  review  thereof 338,  339 

Decree  of,  when  to  take  effect 339 

Guardian  of  minor  appointed 298 

of  insane  person 299 

of  spendthrift 299 

of  child  of  alien 297 

by  whom  appointed 305 


COURT  OF  PROBATE. 

Judge,  construction  of  word 305 

jurisdiction   of 305,  306 

compensation  of. 306 

if  interested,  proceedings 306 

salary  of - 468 

Jurisdiction,  general,  of 305,  306 

husband  and  wife,  as  to 296 

child  of  alien,  guardian 297 

guardian  of  minors,  &c 298 — 302 

probate  of  wills 313,  314 

trust  estates 334,  335 

JVotice,  when  to  be  given 310 

service  of,  how  made 310 

Oaths,  how  may  be  taken 306,  323 

Partition,     if    no    dispute     as    to 

title 305 

proceedings  thereon 415,  416 

Proceedings  to  be  by  petition 305 

in  what  county  to  be 305,  306 

if  party  unable  to  attend 306 

if  j  udge  interested 306 

notice  when  and  how  given 310 

Record,  probate  is  a  court  of 306 

of  proceedings,  how 307 

Register.  (See  Register  of  probate.) .  307 

Superior  court,  to  try  appeals 338 

powers  and  duties  of 338, 339 

Terms  of,  when  and  where  hold- 
en 308,  309 

Wills,  probate  of. 313,  314 

Witnesses,  depositions  when  used.. 306 

to  wills  essential 311 

if  incompetent 314 

COURT,  GENERAL.     See  Legis- 
lature. 
COURTS  MARTIAL.when  ordered.  183 

proceedings  in 183 — 185 

COWS,  taxation    of 102 

exempt  from  attachment 367 

CREATURES.     See  Animals. 

CRIMES,  general  provisions 447 

offences  against  the  State 432 

the  life  or  person  433 

property 435 

public  justice — 440 
the  public  peace. 443 
chastity,  &c.  ...444 
public  policy. . .  .446 

forgery  and   counterfeiting 438 

acessories  to,  punished 447 

attempt  at  commission  of 447 

procuring  commission  of 447 

punishment  of.     See  Punishment. 


512 


INDEX. 


CRIMINAL  PROCEEDINGS 446— 460 

Jlrraignment  of  prisoner 458 

if  standing  mute,  effect 458 

Capital  trial,  rights  of  prisoner.  . .  .457 
challenges  regulated 458 

Challenge  of  jurors  regulated 458 

not  allowed  by  State,  if 458 

Indictment,  when  necessary 457 

for  second   or  third  offence 459 

if  offender   insane 4G0 

where  to  be  found 20,  457 

intent,  liow  alleged 459 

Jury,  list  given  to  prisoner 457 

jurors  challenged,  how 458 

Offender,  rights  on   capital  trial 457 

challenge  of  jurors 458 

punishment  of. 458,  459 

Prosecutor  may  be   witness 459 

entitled  to  compensation 459 

Punishment.  (See  Punishment. )A5S,  459 

Trial,  where  offence  committed 20 

exceptions  to  the  rule 457 

if  offender  insane 460 

Witnesses,  list  on  capital  trial 457 

complainants  may  be 459 

CRIMINALS.  See  Fugitives— Pri- 
soners. 

CRUELTY,  a  cause  of  divorce 293 

to  animals,  punished 446 

CULLERS.     See  Staves— Hoops. 
CURTESY,  lands  subject  to 331 

DAMAGE  FEASANT,  beasts  taken 

up 2.5G,  261 

DAMAGES  in  suits  for  dower 412 

from  insufficient  fence 255 

by  horses  and  cattle 256,  261 

by  floating  timber 259 

by  laying  out  roads 120,  122 

by  defect  of  road 130 

by  discontinuing  road 126 

DAMS  AND  MILLS,  repairs  of 251 

DEACONS,  trustees  of  church,  when  282 
conveyance  by 283 

DEAD  BODIES,  how  disinterred.  .  .445 

how  ordered  by  justice 450 

digging  up,  penalty 445 

inquest  on.     (Sec  Coroners.)  ....453 

DEATH,  punishment  of 458 

DEATHS,  to  bo  recorded 239 

fees  for,  paid  by  town 240 

penalty  for  not  recording 240 

eflfect  on  suits.     See  Abatement. 

DEBATE,  freedom  of. 12,  21 


DEBTORS,  Poor,  relief  of 399 

Application  to  take   oath 400 

hearing  on,  ordered 400 

refused  in  what  cases 401 

if  refused,  cost  taxed 401 

new,  not  till  cost  paid 401 

on  fine  for  larceny 437 

Arrest  for  military  fine 164 

on  mesne  process 373 

on  execution 399 

after  discharge  forbidden 401 

Bail  on  mesne  process 373 

may  surrender  debtor 3^ 

Bond  on  militai-y  fine 164 

after  arrest  on  execution 398 

to  be  approved 398 

sureties,  how  discharged 398 

when  liable 399 

Z)eii  not  discharged,  body  is 400 

Discharge  by  giving  bond 398,  401 

by  remaining  at  jail 398 

by  neglect  to   levy 399 

by  not  paying  jail  charges 399 

by  taking    oath 400,401 

not  by  giving  bond  if 399 

refused  if  fraudulent 400 

on  suit  for  wilful  injury 401 

in  case  of  larceny 437 

Justices,  petition  to,  to  take  oath. .  .400 

order  of  notice  thereon 400 

examination  by,  how  made 400 

to  appraise  property 400 

to  refuse  discharge,  when 400 

application  refused,  if 401 

to  allow  costs 401 

JVotice  to  creditor,  how  given 400 

Oath  in  case  of  military  fine 164 

when  administered,   form 400 

certificate  of 401 

no  persons  incompetent 401 

Property  of  debtor  .assigned 400 

appraisement  thereof 400 

if  creditor  refuses  to  take 400 

fraud   of  debtor,  penalty 400 

Support  of  debtor   in  jail 399 

Surrender.     See  Bail. 

by  sureties  on  bond 399 

DEBTS  MUTUAL.     See  Set-off. 

DECENCY,  offences  against 444 

DECLARATION  on  probate  bond.  .336 

to  be  in  English  language 361 

amendment  of,  allowed 376 

against  stockholders 287 

Acknowledgment  of  deed 243 


INDEX. 


513 


DEED. 

^Acknowledgment,  want  of,  remedied  .244 

before  notary  public 67 

commissioners 69 

Aliens  may  hold  and   convey 242 

Attorney,  conveyance  by 243 

power  of 244 

recorded 244 

Common,  tenancy  in,  how  created  .242 
Construction  of  "  grantor,"  grantee"45 

if  greater  estate  conveyed 242 

Conveyance  of  estates  in  tail 242 

by  and  to  aliens 242 

of  too  large  estate 242 

form  and  requisites  of. 243 

by  corporations 243 

to  be  recorded 243 

to  be  acknowledged 243 

to  be  in  writing 244 

by  married  woman 296, 297 

of  debtor's  right  compelled 396 

Coparcenary  abolished 242 

Estates  in   fee  tail  conveyed 242 

remainder,  &c.  barred 242 

created,  &c.,  by  writing 244 

Expectant  estates,  how  barred 242 

Form  of,  general .243 

by  collectors 114 

by  sheriffs. 395 

"  Grantor,"  '■'■grantee,"  meaning  of.  .45 

Joint  tenancy,  how  created 242 

Married  woman,  by 296, 297 

Mortgages .     (See  Mortgages.) 245 

Record  of  conveyances 243 

of  powers  of  attorney  . .' 244 

may  be  compelled 244 

Remainders  and  reversions  barred.  .242 
Tenants  in  tail,  conveyance  by . . .  .242 

joint,  who  are 242 

in  common,  who  are 242 

Trusts  created  by   writing  only 244 

or  by  force  of  law 245 

DEFAULT,  when  entered 375 

when  taken  off 375 

DEFENDANT,  name  unknown,  how 

sued 362 

out  of  State,  how  notified 366 

DEFINITION  of  words  in  Statutes  ..44 
DEMANDS,  mutual.     See  Set-off. 

against  estate,  when  several  . . .  .321 
how  barred.. 320,  326 

DEODANDS  abolished 38 

DEPOSITIONS 379—382 

Caption,  what  necessarv 381 

65 


DEPOSITIONS. 

Cases,  in  what,  may  be  taken . .  379, 380 
for  court  of  probate 306 

Commissioners,  taken  by 68,  380 

Deponents,  how  notified 379 

not  attending,  penalty 379 

who  are  competent 380 

to  sign  deposition 380 

oath  of,  form 380 

Depositions,  who  may  take 380 

by  whom  to  be  written 380 

how  sealed  and  directed 381 

neglect  to  take,  penalty 381 

in  perpetuam,  how  taken 381 

Fees 379,  470,  471 

Justice  to  issue  notice  to  take 380 

to  summon  witnesses 379 

Notary,  taken  by,  when 67,  380 

to  summon  witnesses 379 

JVotice  to  take,  how  issued 380 

service  of,  how  made 380 

Objections  to  be  certified 381 

Perpvtuam,  depositions  in  .  .  ..381,  382 

mode  of  taking 361 

to  be  recorded 381 

when  used  in  evidence 382 

Return,  how  made  to  court 381 

DEPOSITIONS    IN    PERPETU- 
AM  331,382 

DESCENT,  title  by 330—334 

Advancements  accounted  for 331 

what  are  deemed  to  be 331 

Alien  may  inherit  property 242 

Estate,  real,  to  whom  descends  . 331 

personal,  to  whom  descends  ....331 

debts  and  legacies  first  paid 332 

share  of  posthumous  child.  .311,  332 

Heirs  of  deceased,  who  are 331 

of  bastard,  who  are 331 

none  appearing,  State  to  be 331 

Illegitimate  child,  heir  of  mother  .  .331 
heirs  of,  w'ho  are 331 

Kindred,  degrees  of,  fixed 331 

Representation,  how  far  allowed. . .  .331 

Widow.    (See  Dower.) ....  312,  329, 330 

DEVISE.     (See  Will.) 311 

DEVISEE,  heirs  of,  to  take  share  . .  .312 

if  estate  insufficient,  shared 332 

share  in  real  estate  set  out 333 

DIGGING  UP  DEAD  BODY. 445,  450 
DISABILITY,  person  under,  rights  .360 

agent,  when  appointed 333,  415 

DISCLAIMER  of  title 376,  377 

DISCONTINUANCE  of  highways ..  12G 


514 


INDEX. 


DISCONTINUANCE  of  highways, 

damages  on,  limited 124 

suits  on,  limited 123 

DISORDERLY  PERSONS. .  ..221,226 
DISSEIZIN,  legacy  not  barred  by  ..311 
DISTRACTED    PERSON.      See 
Insane. 

DISTRESS  for  taxes 110,  111 

See  PocjJDS. 
DISTRIBUTION  of  estates....  330— 334 

Bo7id  for  repayment  required 334 

Dower.     (See  Doicer.) 329, 330 

Legacies ^1  how  to  be  paid 332 

if  estate  insufficient,  shared 332 

Personal  estate,  distribution  of 331 

Posthumaus  child  to  share  .  .  .  .311,  332 

Real  estate,  division  of 332 — 334 

division,  how  to  be  made 333 

reversion  of  dower,  divided 334 

Real  estate  set  off  to  administrator, 

distribution  of 318 

DISTRICTS,  Council 73 

DISTRICTS,    Highway.      See 

Highways. 
DISTRICTS,  Jddicial,  in  Grafton.. 73 

of  superior  court   341 

DISTRICTS,  Senatorial 74 

DISTRICTS,  School.  See  Schools. 
DIVISIONS.     See  Militia. 

DIVORCE 36, 293 

Jilimony  allowed 294 

security  for 295 

Causes  of,  what  are 293 

to  exist  still 294 

stated  in  libel 294 

Children,  support  of 294,  295 

custody  of 294,  295 

of  alien  absent 296 

Costs,  how  awarded f   295 

Decree,  if  marriage  void 293 

for  what  cause 293 

how  obtained 294 

alimony  allowed 294 

children,  support  of 294 

custody  of 294 

modified,  when  and  how 295 

not  to  affect  legitimacy 294 

Libel  to  state,  what 294 

where  to  be  brought 294 

signed,  how 294 

Libellant,  if  insane,  guardian 294 

liberty  of,  protected 294 

children  of 294,  295 

property  restored 294 


DIVORCE. 

Superior  court  to  try  libel 36,  294 

to  protect  wife,  &c 294 

to  decree  alimony 294 

to  appoint  guardian 284 

trustee 295 

to  require  security 295 

to  modify  decree 295 

Trustee  of  property,  when 295 

DOGS  without  collars,  killed 241 

by-laws  respecting,  made 241 

DOMESTIC  RELATIONS 290 

DOOMAGE  106 

DOWER 329,  330 

Action,  when  and  how  brought  ...  .412 

not  till  demand  made 412 

judgment,  how  rendered 412 

dower,  how  assigned 412 

service  of  writ 365 

Mlowance,  when  made 329 

Jissignment,  how  regulated 329 

in  what  estate,  entitled 329 

mode  of  making 333 

by  officer,  on  judgment    4l2 

share,  how  estimated 329 

expenses  paid  by  estate .318 

Distributive  share,  what  is 330 

Estate  in  which  assigned 329 

Reversion  of,  how  divided 333,  334 

Rights  in  dower,  what  are 329 

when  assigned  by  officer 4 12 

Waste,  liability  for 329 

Widoic,  waiving   provision    in  will 

may  claim 312 

entitled  to  allowance 329 

dower,  how  assigned  to 329 

waste  by,  forbidden 329 

share  of  estate,  fixed 330 

Writ  of,  form  of 412 

service  of 365 

DRUNKARDS,  punishment ....  222, 226 

habitual,  divorced 293 

guardian   appointed 299 

EDUCATION  to  be  encouraged 37 

(See  Schools.) 143—154 

EJECTMENT,  writ  of,  form 362 

ELDERS.     See  Deacons. 

ELECTIONS 76,  81,  96 

Ardent  spirits  forbidden 84 

Arrest  on  day  of,  forbidden 372 

Ballot  boxes  provided 83 

Ballots,  what  are  counted 83 

delivered  to  moderator  83 


INDEX. 


515 


ELECTIONS. 

Ballots  for  several  officers,  given  . .  .83 

not  after  vote  declared 34 

Balloting,  how  conducted 80 

Betting  on,  penalty 92 

Blanks  not  to  be  counted 83 

what  are  deemed 84 

Classed  towns,  list  of , 91 

meeting  for  election  in 90 

proceedings  in 90 

Counsellors.     (See  Counsellors.) 85 

County  Treasurer,    (See  Treasurer.)  77 

Electors.     (See  Electors.) 87 

Governor.     (See   Governor .) 85 

List  of  voters  posted  up 82 

how  corrected 82 

open  to  examination 83 

in  classed  towns 90 

Majority,  how  determined 84 

Moderator  to  receive  votes 83 

to  sort,  count  and  declare 84 

penalty  for  fraud  of. 85 

Penalties  for  treating  at 84 

for  voting  illegally 84 

for  giving  false  answers 84 

for  fraud  of  selectmen 85,  91 

moderator 85,  91 

for  neglect  of  town  clerk 85,  91 

neglect  to  return  votes 86,  87,  88 

for  betting  on  elections 92 

in  classed  towns 91 

recovery  of 91,  429 

Representatives  in  congress 86 

to  general  court 89 

in  classed  towns. 90 

Returns,  blanks  for 64 

of  votes  for  governor,  counsellors 

and  senators 85,  86 

for  representatives  in  congress. . .  .86 

for   electors  of  president 88 

fees  of  sheriff  for 92 

neglect  to  make,  penalty .  .86,  87,  88 

how  recovered 91 

amendment  of 91 

fraudulent,  how  punished 443 

Selectmen  to  post  list  of  voters 82 

sessions  for  correcting  list 82 

duty  in  classed  towns 90 

penalty  for  fraud  of 85,  91 

to  make  list  of  ratable  polls 84 

Senator.     (See    Senators.) 85 

Sessions  to  correct  list  in  classed 

towns 82,  90 

Statutes  present  at  meeting 84 


ELECTIO.NS. 

To^07i  clerk  to  check  voters 83 

to  record  votes 84 

to  have  statutes  present 84 

list  filed  with 82,  84 

to  make  returns 86,  87,  88 

to  amend   returns 91 

neglect  of,  penalty. 85,  86,  87,  88,  91 

duty  in  classed  towns 90 

neglect,  penalty 91 

fraud  of,  punishment 443 

Town  meeting.       See  Town  meet- 
ing. 

Treating  at  elections,  penalty 84 

Unincorjiorated  place 101 

Voters,  who  are  legal 81 

who  are  not  legal 81 

aliens  excluded 81 

students  excluded 82 

list  of,  posted  up 82 

corrected 82 

not  unless  name  on   list 83 

in  classed   towns 90 

voting  illegally,  penalty 84 

giving  false  answers 84 

not  to  be  arrested,  when 372 

Votes,  how  received 83 

how  sorted  and  counted 84 

majority,  how  determined 84 

declaration  of 84 

ELECTORS     OF     PRESIDENT, 

&c 7,13 

election  of. 87,  88 

return  of  votes  for 88 

vacancy,  how  filled 88 

votes  by,  how  given 13,  88 

EMBEZZLEMENT  by  public  officer  433 

of  estates  of  deceased 319 

wards 319 

by  officers  of  bank 268 

at  fires  is  larceny 216 

duty  of  justices  as  to 449 

ENACTING  STYLE  39 

ENDORSEMENT   of    writs.      See 
Writs. 
on  probate  bonds.    See  Probate 

BOND. 

on  bonds  to  sheriff 371 

ENGINEMEN,  how  appointed 216 

tenure  of  office 217 

exemption  of 156 

to  obey  firewards 216 

ENGLISH  LANGUAGE  to  be  used  361 
ENROLMENT.     See  Mjlitia. 


516 


INDEX. 


EPISCOPAL   churches,   property, 

how  held  by 282,  283 

EQUIPMENTS.     See  Militia. 

EQUITY,  powers  of  superior  court. 

(See  Chancery.) 340 

EQUITY  OF  REDEMPTION. 245-247 

attachment  of 367,  368 

levies  upon 394 — 396 

ERROR,  writs  of,  jurisdiction 340 

limitation  of , 360 

ESCAPE,  liability  for 462 

action  for,  against  whom 359 

of  prisoner,  aiding,  penalty 442 

of  convict         "  "       442 

ESCHEAT  for  want  of  heirs 331 

not  in  case  of  aliens 242 

ESTATES  of  persons  felo  de  se 38 

in  real  property,  what  are 242 

at  will,  what  are 244 

descent  of.     See  Descent. 
distribution  of.      See  Distribu- 
tion. 
of   deceased   persons.     See  Ad- 

MIMSTRATIO.V. 

joint,  how  created 242 

personal,  mortgage  of 247 

attachment  of 367 

levies  on 390 

real,  conveyance  of 243 

mortgage  of 24.5 

attachment  of 367 

levies  on 393 

coparcenary  abolished 242 

entailed,  how  barred 242 

expectant,  how  barred 242 

insolvent.  (See  Insolvent  estates.)  322 
EVIDENCE  in  actions  at  law.. 376— 383 

of  entry  for  foreclosure 247 

copies  agreed  on,  used,  when. . .  .345 

on  actions  of  review 387 

officer's  return  is,  when 366 

in  case  of  usury 383 

parol,  when  not  admissible 358 

in  criminal  cases 459 

against  one's  self 12,  19 

as  to  guardian,  perpetuated 301 

as  to  administrator 328 

notarial  protest  is 68 

EXCEPTIONS  to  opinion  of  C  C.P.343 

EXCHANGE  of  statutes 49 

of  products  of  art,  «fec 52 

EXECUTIONS 387—403 

Action  on,  lies  if  levy  fails 358 

Arrest,  who  liable  fo.  (See  Jlrrrst.)  372 


EXECUTIONS. 

Arrest,  discharge  from,  mode 398 

Fees  on 472,  473 

Injunction  to  stay,  issued 396 

lien  not  lost  by 396 

proceedings  suspended 396 

Interest  on,  to  be  reckoned 388 

Issue  of,  not  till  24  hours 383 

within  two  years  after 388 

when  to  be  stayed 387 

one  on  same  contract  only 388 

for  seizure  of  property  after  com- 
mitment of  debtor 389 

against  warden 466 

sheriff 354 

Levy.     See  Levies. 

failing,  action  lies 358 

injunction  to  prevent 396 

lien  not  lost  by 396 

proceedings  thereon .396 

upon  towns 397 

upon  warden  of  prison 466 

sheriff 354,372 

Return,  if  issued  by  superior  court. 388 
if  by  court  of  common  pleas  . . .  .368 

by  justices 388 

on  sale  of  personal  estate 391 

Set-off,  in  what  cases  allowed 390 

Stayed  by  court,  on  motion 387 

not  by  action  of  review 387 

Writs  of,  form,  general 383 

not  against  body,  form 388 

possession,  form 389 

EXECUTIVE  power,  how  vested 30 

EXECUTORS.      (See    Administra- 
tors.)   314 

to  file  wills,  penalty 313 

to  accept  or  refuse  trust 313 

in  their  own  wrong 315,  316 

of   executors 315 

if  a  minor,  when   of  age 315 

removal  of 315 

EXECUTRIX,  marriage  annuls  trust  315 

EXEMPTION  from  attachment 367 

from  military  duty 155, 156 

serving  as  juror 348 

serving  as  town  officer 98 

acting  as  constable 98 

from  distress 160 

from  arrest 372 

EXHIBITIONS,  license  for 239 

EX  POST  FACTO  laws  forbidden. 7,  21 
EXTENTS.     See  Levies. 

by  state  treasurer 63,  1 16 


INDEX. 


517 


EXTENTS. 

by  county  treasurer 80,  1 16 

against  sheriff  for  tax 116 

form  and  effect  of 116 

against  selectmen 116 

town 116,  117 

collector 1 16,  1 17,  397 

service  and  fees 117 

FEES   AND    COSTS 470—474 

Jlttendance 472 

Attorneys  in  court 472 

before  justice 472 

Clerks  of  corporations 268 

of  courts 471 

of   militia  company 164,165 

Collectors  of  taxes ]  11, 114 

illegal,  penalty 114 

Constables 99,  473 

Copies  by  recording  officers 471 

of  proprietary  records 280 

page  is  224  words 471 

Coroners 456,  473 

County,  what  paid  by 78, 451 

Courts  martial 185 

Courts  of  inquiry 186 

Ferry  or  toll  bridge 472 

Illegal,  by  collector,  penalty 114 

in  other  cases 474 

how  recovered 474 

Impounding  cattle 258 

Inspectors  of  beef  and  pork. . .  .192,193 

of  butter  and  lard 196 

of  fish 202 

of  gunpowder 206 

of  hops 198 

of  pot  and  pearl  ashes 204 

of  lumber,  hoops,  &c 209 

Jailers 473 

Jurors 473 

before  coroner 474 

Jury  trials 473 

Justices  in  civil  cases 470 

in  criminal  cases 471 

travel  before 472 

attorneys  before 472 

License  for  taverners,  &c 228 

for  pedlers 238 

for  exhibitions 239 

Marriage,  solemnizing 291 

recording 292 

Xotary  public 474 

Page  contains  224  words 471 

Parties  to  action 472 

attendance  of 472 


FEES  AND  COSTS. 

Payment  of,  by  county 78 

on  complaints 451 

Petitions  to  legislature 47 

Pilotage  237 

Police  officers 223 

Receipt  to  be  given 474 

neglect  to  give,  penalty 474 

Recording  officers 471 

Reference  of  disputes 428 

Register  of  deeds 473 

Register  of  probate 306 

Secretary  of  state 474 

Sheriffs 472 

to  be  endorsed 473 

for  return  of  votes .92 

Strays  and  lost  goods 261 

Town  clerks 473 

for  copies 471 

recording  births 240 

marriages 292 

mortgages 249 

contracts 250 

transfers  of  stock 287 

Travel,  how  taxed 472 

on  endorsed  notes 472 

ferry  or  toll  bridge 472 

Weighers  of  beef 1 94 

Witnesses,  attendance   of 472 

travel  of 472 

going  out  of  State 382 

FELO  DE  SE,  no  forfeiture  by 38 

FENCES  AND  COMMON  FIELDS  253 

building  and  repair  of 254 

division  of 25-1 

what  are  legal 254 

neglect  to  build  or  repair,  pro- 
ceedings   254, 255 

adjoining  railroads 276 

Common  fields  fenced 255,  2-56 

tax  for,  assessed 256 

lines  of,  run  out 256 

Fence  vieieers,  choice   of 97 

to  be  sworn 97 

neglect  to  be  sworn,  penalty 98 

vacancy,  how  filled 99 

powers  and  duties  of 254,  255 

FERRIES,  regulation  of 135 

how  taxed 102 

FIELDS,  Common.    (See  Fences.) . .  .255 

FINDER  of  lost  goods,  duty 260 

FINES,  Excessive,  forbidden 22 

how  recovered 429 

to  be  paid  over  by  justice 449 


518 


INDEX. 


FINES. 

prosecution  for,  limited 430 

who  may  be  witnesses 430 

imprisonment  for 430 

appropriation  of 430 

may  be  remitted  by  court 462 

selectmen. .  .430 

on  towns,  how  collected 125 

how  applied 125 

military.     (See  Militia.) 161 

FIRE  INSURANCE  COMPANIES. 284 
FIRES,  extinguishing.      (See  Fire- 
wards.)  215 

police   regulations   for 224 

in  state  house  yard .51 

FIRE  WARDS,  choice  of. 97 

selectmen  to  be,  when    97 

tenure  of  office 97 

to  be  sworn 97 

penalty  for  neglect 98 

chairman  and  clerk  of 216 

powers  and  duties  at  fires 216 

to  establish  regulations 216 

buckets  and  ladders 217 

buildings  pulled  down 217 

damages  for,  paid 217 

buildings  decayed,  repair 217 

repairs  by  town 218 

chapter,  when  in  force 218 

assuming  to  be,  penalty 216 

FISH,  inspection  of 199 

Barrels,  weight  of 200 

branding  of 200 

quality  of 201 

Boxes,  quality  of 201 

branding  of 200 

Brand  of  quality  of  fish 200 

of  casks,  &c 200 

how  furnished 201 

of  small  fish 201 

of  smoked  fish 200 

unlawful,  penalty 203 

Exportation,  inspected  before 202 

certificate  required 202 

without,  penalty 202 

kegs  less  than  10  gallons  excepted  203 

Fees  for  inspection 201 

paid  by  whom 202 

share  of  inspector 202 

Forfeiture,  proceedings  for 202 

Inspector,  appointment  of 188 

includes  depjilies 188 

to  inspect  all  fish 200 

to  make  return 201 


FISH. 

Inspector,  fees  of. 201 

Master  of  vessel,  oath  of 202 

Packing  in  barrels 200 

of  smoked  fish 200 

for  sale  within  State 203 

Penalty  for  exporting  illegally 202 

branding  illegally 203 

shifting  or  mixing 203 

selling  tainted  fish 203 

Shellfish,  how  packed 203 

Smoked  fish,  sorting  of 200 

boxes  for 201 

exportation  of 202 

penalties  relative  to 203 

FLATSWEED,  provisions  for 237 

FLOATING  TIMBER.     (See  Tim- 
ber.)   259 

FLUMES.     (See  Mills.) 251 

FOLLOWING,  meaning  of,  in  law..  .44 

FORECLOSURE.      (See    Mortga. 

ges.) 246,247 

FOREIGN  ATTACHMENT.     See 
Trustee  process. 

FORFEITURE  OF  GRANT.  .408— 411 

grant,  grantee,  meaning 408 

for  what  cause  decreed 408 

proceedings,  mode  of. 409 

hearing  in  equity  allowed 409 

judgment  conditional 410 

improvements  valued 410 

possession,  how  recovered 411 

costs,  liability  for 411 

FORFEITURE  of  personal  property  431 

seizure,  how  made 431 

libel  filed,  when  and  where 431 

warrant  of  seizure  granted 431 

notice  of  libel  given 431 

property,  how  disposed  of. 431 

trial  and  decree 432 

costs,  liow  allowed 432 

appeal  and  proceedings 432 

of  ashes,  pot  and  pearl 205 

beef  and  pork 193 

butter  and  lard 196 

fish 202 

gunpowder 219,  220 

hops 199 

lumber 210 

FORFEITURES.      (See    Penal- 
ties.)   429,  430 

FORGERY  and  counterfeiting 438 

offence  and  punishment 438 

what  is,  in  other  cases 439 


INDEX. 


519 


FORGERY. 

passing  or  using  forged  paper ....  439 
FORNICATION,  punishment  of  . . .  .444 
FORTUNE  TELLING,  punishment 

of 226 

FRANCHISE  taken  for  lughway ....  1 19 

attachment  of 369 

sale  of,  on  execution 391 

FRAUD  in  sale  by  administrator 328 

incase  of  guardian 319 

at  elections 85 

in  personal  mortgage 248 

and  perjury,  prevention 358,  359 

in  case  of  deeds.... 243 

in  case  of  wills 312 

FRAUDULENT  conveyance  of  pro- 
perty   438 

receipt  of  property 438 

mortgage  of  property 248 

FUEL  exempt  from  attachment 368 

FUGITIVES  FROM  JUSTICE... 451— 453 
Fugitives  from  the  county. 

arrest  and  trial  of 450 

in  bastardy  cases 143 

Fugitives  from  other  states. 

to  be  arrested,  when 451 

proceedings  thereon 451 

to  be  recognized 452 

cause,  how  examined 452 

delivery  of,  when 452 

costs,  how  to  be  paid .452 

how  carried  through  the  State. .  .452 

powers  of  officers 453 

FUNERAL  CHARGES,  how  paid  ..318 

if  estate  insolvent 324 

FURNITURE  exempt  from  distress  .110 
exempt  from  attachment 367 

GAMING,  punishment  of 221,  2-26 

in  licensed  houses 227 

houses  for,  penalty 446 

winning  money,  penalty 446 

GATES  on  road,  when  allowed 132 

JENERAL  ISSUE,  when  sufficient. 377 
GOOD  BEHAVIOR,  sureties  for. ..449 

on  police  offences 226 

on  appeal  from  justice 448 

for  assault  and  battery 443 

for  disturbing  meetings 229 

GOODS    attached,  how.      See  At- 
tachment. 
exempted.     See  Attachment. 
contract  for,  to  be  in  writing  . . .  .359 
lost.     (See  Straiji.) 260 


GOODS  forfeited.     See  Forfeit- 
ures, &c. 

GOVERNOR,  choice  of 28,  30 

salary  of 467 

qualifications  of 30 

to  approve  laws 30 

appointments  by 31 

vacancy,  how  filled .31 

to  be  commander  of  militia 32 

meetings  for  choice  of 85 

votes  for,  recorded 85 

return  of 86 

literary  fund,  duties 1 54 

fugitives  from  justice 452 

exclusion  from  office 39 

duty  as  to  state  library 52 

courts  martial 183 

GOVERNOR  AND  COUNCIL, 

to  appoint  officers 31 

pilots 236 

inspectors 188 

bank  commissioners. .265 
trustees  of  asylum. ..  .55 

to  remove  officers  on  address 36 

militia  officers 32 

sheriffs 355 

warden 466 

duty  as  to  state  prison 464 

insane  asylum 56 

public  lands 53 

surplus  revenue 55 

power  to  grant  pardons 32 

adjourn    legislature 31 

require  opinion  of  judges  36 
draw  warrants  on  trea- 
sury   33 

to  punish  contempts. ..  .26 
GRACE,  when  allowed  on  notes.... 359 
GRAFTON    COUNTY,  boundaries.  .72 

judicial  districts  in 73 

GRAND  JURY.     See  Jury. 

GRANTEE,  meaning  of  word 45 

GRANTOR,  meaning  of  word 45 

GRAVE  STONES,  injury  to 445 

administrator  may  erect 318 

GRIST  MILS,  tolls  of 253 

GUARDIAN   AND    V\^ARD 297 

Account  to  be  rendered 299 

notice  of  settlement  of 310 

Ad  litem  of  libellant  insane 294 

in  other  cases 301 

..Appointment,   how  made 298 

for  minors 298 

insane  person 299 


►20 


INDEX. 


GUARDIAN  AND  WARD. 

Appointment  for  child  of  alien 297 

ad  litem 294,  301 

spendthrifts 299 

notice  of,  given 299 

Bond  to  be  given 299 

before  sale,  when 300 

by  foreign  guardian 301 

Compensation  of 301 

Discharge  of,  by  marriage 298 

by  judge,   when 301 

Duties,  general,  of 298—302 

Evfibezzlciacnt,  proceedings 319 

Foreign  guardian,  duties  of 301 

Guardian,   who  may  be 298 

female  marrying,  effect 298 

duties  of 298—302 

conveyance  by 301 

before  probate  of  will 314 

Insane,  who  are  such 45 

inquisition   to   determine 299 

guardian  for,  appointed 299 

Inventory  to  be  returned 299 

Liability  for  military  fines 165 

under  police  law 223 

for  apprentice 303 

Lien  on  estate  of  ward 301 

Minor,  guardian  of,  appointed 298 

duty  and  powers  of 29S 

who  may  be 298 

child  of  alien  for 297 

absent  person 298 

Notice  of  appointment  given 299 

of  settlement  of  account 310 

Removal  of 301 

Sales  by,  if  father  absent 298 

of  real  estate 300,  301 

oath  of  guardian  on 300 

evidence  perpetuated 301 

of  land  for  railroad 276 

Spendthrifts,  who  are  deemed 299 

guardians  for,  appointed 299 

duty  of 299,300 

Ward  to  sue  and  be  sued,  how 300 

contracts  of,  when  void 300 

care  and  support  of. 300 

receipt  of,  taken  and  filed 301 

neglect,  penalty 301 

GUIDE  BOARDS,  erection  and  re- 
pair  133 

neglect,  penalty  for 134 

injury  to,  punished 134 

GUN  HOUSES.     (See  Militia.)  ....168 
GUNPOWDER,  inspection  of 206 


GUNPOWDER. 

how  manufactured 206 

how  proved 206 

how  inspected  and  marked 206 

fees   of  inspection 206 

uninspected,  sale  of,  penalty 206 

condemned,  sale  of,  penalty 206 

impure,  sale  of,  penalty 207 

police  regulations  concerning. . .  .219 

kept  illegally,  seized 219 

penalty 219 

retailing  of 219 

carried  in  villages 219 

forfeiture  of,  when 219,  220 

carrying  from  town  to  town 220 

magazines,  keepers  of 220 

masters  of  vessels,  duty 220 

penalties,  how  recovered 220 

HABEAS  CORPUS  regulated. 404— 408 

Application,  to  whom  made 404 

by  whom  and  how  made 404 

when  granted  or  refused. . .  .404,  405 

bond  of  applicant,  when 406 

Bail,  if  excessive,  reduced. . .  .405,  407 

in  criminal  cases 405,  407 

Discharged,  if  restrained  illegally .  .407 

arrest  after,  forbidden 407 

Examination,  body  to  be  present. .  .406 

when  and  how  made 406,  407 

Jurisdiction  in  superior  court 39 

of  a  justice  thereof 404,  405 

Officer  to  give  copy  of  precept 407 

neglect  to  give,  penalty.  . . ., 407 

Penalty  for  not  giving  copy  of  pro- 
cess   407 

for  not  obeying  writ 407 

for  making  false  return 407 

for  arrest  after  discharge 408 

action  for,  limited 408 

not  abated  by  death 408 

Return,  mode  specified  in  writ 405 

if  time  not  specified,  when 406 

to  state  cause  of  detention 406 

to  be  made  under  oath 406 

if  false,  penalty 407 

Writ,  jurisdiction  of 39,  340 

form,  seal  and  teste  of 405 

before  issued,  bond  required 406 

service   of 406 

neglect  to  obey,  penalty 407 

HARBOR  OF  PISCATAQUA 236 

throwing  rubbish  in,  penalty ....  237 
harbor  master,  choice 237 


INDEX. 


521 


HAY,  Pressed,  to  be  branded 210 

violation  of  law,  penalty 210 

HAWKERS  AND  PEDLERS.  (See 

Pedlers.) 238 

HEALTH  OFFICERS,  choice  of.... 97 

selectmen  to  be,  when 97 

to  make  regulations 230 

J^/uisanccs,  to  inquire  out 230 

to  remove 231,  232 

compensation  of 232 

to  render  account 232 

Quarantine,  regulations 233 — 236 

pilots  notified  of 235 

forts  notified  of 235 

penalties 235,  236 

infected  goods  seized 234 

HEIRS.     (See  Descent.) 331 

to  be  cited,  when 310 

joint,  are  tenants  in  common. .  .  .242 

of  alien  may  take 242 

HIGHWAYS  AND  BRIDGES  ...  .118 

Agent  to  build  road 125 

to  expend  fine 125 

in  unincorporated  places 129 

Mterations,  how  made 119 

not  making,  penalty 125 

Assessment  for  repairs 1 26 

of  fines 1 25 

Bridges,  by-laws  established 133 

injury  to,  punished 131 

included  in  highicai/s 45 

Buildings,  when  nuisances 132 

how  may  be  abated 132 

Corporation,  property  of,  taken ....  11 9 
Costs,  if  damages  increased. .  .121,  123 

of  laying  out,  how  paid 124 

on  indictment 125 

witnesses,  when  taxed  ....125 

how  collected  and  paid  .  . .  125 

Damages,  if  laid  out  by  selectmen.  120 

by  road  commissioners 1 22 

petition  for  increase  of 121, 122 

paid  before  road  built 123 

if  owner  unknown,  &c    ]  23 

recoverable  by  action   123 

on  discontinuance  of  road 126 

suit  for,  limited 123 

amount  of,  limited 124 

by  whom  to  be  paid 124 

paid  by  county,  when 124,  129 

through  defect   of  road,  town 

liable  for 130 

liability  limited 130 

to  road,  punishment 131 

66 


HIGHWAYS  AND  BRIDGES. 

Damages  by  obstruction,  liability.  .132 

Discontinuance,  how  effected 126 

when  valid 126 

damages  on,  awarded 126 

limited,  when 124 

actions  limited 123 

Encroachments,  what  are 132 

remedy  for 132 

Encumbrances,  what  are 130,  131 

how  removed 130,  131 

Ferries,  regulation  of 135 

Fines  for  neglect  to  build 124 

for  neglect  to  alter,  grade,  secure 

or  repair 12-5 

how  collected 125 

how  expended 1 25 

Gates,  when  allowed  on  road 133 

Grade  of  road  fixed  in  report 123 

Guardians  appointed 119 

Guide  hoards, erection  and  repair  ..133 

penalty  for  not  repairing 134 

penalty  for  injuring 134 

Hearing  appointed  by  selectmen. .  .119 

by  road  commissioners 122 

Highicays  includes  bridges 45 

petition  for,  to  selectmen 119 

petition  for,  to  court 120 

in  unincorporated  places 129 

how  laid  out 120 

over  river  or  stream 119 

highway 119 

franchise  taken  for 119 

guardians  to  be  appointed 119 

public,  what  are 125 

grade  of,  prescribed 123 

Indictment  for  neglect  to  build 124 

for  neglect  to  grade  or  alter .  .123,  125 
repair  or  secure ....  125 

Injuries  to,  liability  for 131 

Laic  of  the  road 134 

Notice  by  selectmen,  how  given ....  1 19 

by  court,  how  given 121 

by  road  commissioners 122 

to  owner  or  guardian 119 

to  towns 122 

of  indictments. .  .i 125 

Petitions  for,  to  selectmen 119 

to  court  of  common  pleas 1 20 

referred  to  road  commissioners  ..121 

Private  ways,  how  laid  out 119 

damages  therefor 124 

Railroad,  injuries  to 131 

Repairs,  how  made  in  towns 127 


322 


INDEX. 


HIGHWAYS  AND  BRIDGES. 

Repairs  in  unincorporated  places  ..129 

paid  by  county,  when 128 

snow  to  be  removed 1 30 

materials  for,  purchased 128 

Report  of  selectmen,  how  made 120 

of  road  commissioners 122 

Road  commissioners,  choice  of 77 

power  to  lay  out  roads 121 

if  one  is  interested 121 

may  complete  business 121 

report  of,  how  made 122 

compensation  of 123 

may  fix  grade  of  road 123 

Selectmen,  power  to  lay  out 119 

to  appoint  a  hearing 119 

to  give   notice 119 

to  lay  out,  when 119 

to  make  return  thereof. 120 

to  erect  guide  boards 133 

to  assess  taxes 12G 

to  transfer  money 128 

Snow,  town  and  surveyor  liable . . .  .130 

Surveyors,  choice  of 97,  127 

appointment  of 127 

oath  of  office 97 

penalty  for  neglect  to  serve 08 

vacancy,  how  filled 99 

warrant  of. ]  27 

powers  and  duties  of 127,  128 

may  remove  encumbrances 131 

duty  if  tax  insufficient 127 

liability  of 128,  130 

may  distrain  for  taxes 127 

to  account  to  selectmen 127 

duty  as  to  snow 130 

to  purchase  materials 128 

to  allow  for  travel 128 

to  remove  gravel,  &c 1 28 

Taxes  for  building  road  in  towns. . .  .93 
for  roads  not  in  any  town. .  .101, 129 

for  repairs  of  road  in  towns 126 

collected  in  money 127 

non-resident,  how  paid 114 

Travellers  to  turn  to  the  right 134 

penalty  for  violation 134 

Turning  to  the  right 134 

Unincorporated  places 101, 129 

roads  in,  how  made 129 

repairs  in,  how  made 129 

assessments  on 129 

tax,  how  collected 129 

expense  paid  by  county l"i9 

Water  course,  liow  to  be  made 128 


HIGHWAYS  AND  BRIDGES. 

Wheels,  width  regulated 130 

Widening   and  straightening.  .119,  120 

Witnesses'  fees,  when  taxed 12.5 

HILLSBOROUGH  COUNTY 

bounds 71 

HIRING  to  commit  crime,  penalty. .  447 

HOGS  not  strays,  when 261 

impounding  of 256 

by-laws  concerning,  made 93 

larceny  of 437 

cruelty  or  injury  to 430,  44G 

exempt  from  attachment 367 

HOG-REEVES,  choice  of 97 

to  be  sworn 97 

neglect  to  serve,  penalty 98 

vacancy,  how  filled 99 

HOOPS,  survey  of.     (See  Lumber.)  .  .209 

HOPS,  inspection  of -. 197 

Bags,  size  of. 197 

quality  of 198 

to  be  marked 198 

Certificate  of  inspection 199 

Exportation  regulated 197 

without  inspection,  penalty 199 

seizure  of 199 

inland  carriage  excepted 199 

Fees  of  inspector 1 98 

Forfeiture   of,  regulated 199 

Inspector,  appointment 168 

duties  of 198 

fees  of 198 

includes  deputy  inspector 188 

neglect  of,  penalty 198 

fraud  of,  penalty 198 

Morlis  put  on  bags 1 98 

of  quality 198 

counterfeiting,  penalty 198 

Master  of  vessel,  oath  of 199 

Penalty  for  neglect  to  inspect 198 

fraud  in  inspection 198 

counterfeiting  mark 1 98 

sliifting    hops,  &c 198 

Quality,  how  determined 197 

examined  and  branded 198 

HORSES,  ASSES  AND  MULES. 

larceny  of 437 

how  taxed 102,  104,  105 

by-laws  respecting 93 

cruelty  or  injury  to 436,  446 

taken  up  as  strays 261 

impounding  of 256 

HOSPITAL,  Insane.     (See  ^syluvi.).55 
f(  r  the  small  pox 233 


INDEX. 


;23 


HOUSE  OF  REPRESENTATIVES. 24 

to  be  chosen  annually 24 

meeting  of,  when  to  be 23 

qualification  of  members 25 

grand  inquest  of  state 25 

may  choose  officers 26 

judge  of  its  own  elections 26 

may  punish  contempts 26 

originate  money  bills 26 

require  opinion  of  judges. . .  .36 
have  negative  on  the  senate .  .23 

adjourn,  when  and  how 26 

quorum  of,  what  is 26 

members  free  from  arrest 26 

journals  of " 26 

compensation  of 25,  469,  470 

vacancies  in,  how  filled 25 

HOUSE  OF  REPRESENTATIVES 

or  the  United  States 2,  3 

HOUSES  of  correction  for  county  ..225 

town,  how  provided 225 

regulation  of 225 

persons  sent  to,  when 222,  226 

liquor  sold  to  prisoner 222 

jail  deemed  to  be,  when   462 

HOUSES,  Gaming.     See  Gaming. 
licensed.     See  Licensed  houses. 

HUSBAND  AND  WIFE 295 

Jllien  living  separate,  rights 296 

children  of,  custody 296 

guardian  for 297 

Children  deserted,  support  of 296 

on  divorce,  custody  of 294 

of  alien,  custody  of 296 

guardian  for 297 

Conveyance  by,  when  legal 297 

Curtesy,  land  subject  to 331 

Divorce.     See  Divorce. 

Husband  deserting  wife,  liable 296 

Marriage.     (See  Marriage.) 291 

evidence  of,  what  is 297 

solemnization  of 291 

informal  may  be  legal 292 

Mills,  rights  in 252 

Separation  of,  rights 296 

wife,  protection  of 297 

Wife  deserted,  may  hold  property . .  .295 

may  make  contracts 296 

support  of 296 

of  alien  living  separate 296 

property  of 296 

conveyance  by,  when  legal 297 

IDIOT.     See  Insane. 

included  in  insane 45 


IDLERS.    (See  Spendthrifts.} 

guardians  of 299 

punishment  of. 226 

binding  out  of 137 

selling  liquors  to,  penalty 222 

ILLEGITIMATE  CHILDREN.   See 
Bastards. 

settlement  of 136 

who  are  the  heirs  of 331 

are  heirs  of  their  mother 331 

IMPEACHMENT   before  senate  of 

the  U.  States 4 

in  New  Hampshire 25 

trial  of,  by  senate 29 

of  governor 29 

punishment  in  case  of. 29 

of  counsellor 34 

IMPOTENCY,  a  cause  of  divorce. .  .293 
IMPOUNDING.     (See  Pounds.) . . .  .256 

IMPRISONMENT 461—466 

solitary,  how  inflicted 45S 

for  life  is  civil  death 459 

of  insane  offenders 460 

on  mesne  process.     See  Arrest. 
on  execution.     See  Arrest. 
IMPROVED  LANDS.  (See  Taxes.).  104 

See  Timber,  Floating 259 

IMPROVEMENTS.     See    Better- 
ments. 

INCEST,  what  is 291,  293 

punishment  of 445 

INCUMBRANCE.       See     Enccm- 

BRANCE. 

INDENTURES.     See  Apprentices. 

INDEX  of  deeds,  register  to  keep. . .  .79 

INDICTMENT,  conclusion  of 38 

required  by  constitution 12,  19 

in  what  cases  necessary 457 

copy  given  on  capital  trial 457 

on  second  or  third  conviction ....  459 

intent  to  defraud,  alleged 459 

in  case  of  perjury 441 

if  offender  is  insane 460 

trial  where  to  be 20,  457 

for  treason  limited 433 

INDORSExMENT.     See  Endorse- 
ment. 

INFANT.     See  Minor. 

INFECTIOUS   DISEASES.      See 
Health  Officers. 

INFORMATIONS,  conclusion  of 38 

INHABITANTS,  who  are 27 

meaning  of  word 44 

to  have  contribution 117 


524 


INDEX. 


INJUNCTIONS  by  superior  court. .  .340 

Against  husband 294 

father iiUS,  ii97 

how  dissolved 295 

Against  bank 266 

creditors  of 26cS 

liovv  dissolved 267 

Against  alien  father 297 

to  stay  levy  of  execution 396 

proceedings  on 396 

INNHOLDER.       See     Licensed 

HOUSES. 

INOCULATION.    (See  Small  Pec). 233 
INQUEST.     See  Coroner. 

INQUISITION.     (See  Insane  ) 299 

INSANE,  who  are  deemed 45 

Jlction  by,  when  brought 360 

Asijlum,     See  Asylum,  &c. 

sent  to,  by  judge  of  probate 56 

confined  in  jail,  sent  to 56 

town  pauper  sent  to 56 

county  pauper  sent  to 56 

sent  by  parent,  guardian,  &c 57 

how  supported  at 56,  57 

how  discharged • .  .  .57 

Dangerous,  to  be  confined 56 

committed  to  friends 460 

when  discharged 460 

Guardian  for,  appointed 299 

Inquisition  to  be  made 299 

Offenders  disposed  of 460 

sent  to  asylum 460 

how  supported 460 

how  discharged 460 

Paupers,  support  of 56,  57 

Rights  of,  protected 366 

INSOLVENT  ESTATES 322 

Actions  against,  suspended 320 

of  review,  brought 320 

appeal  from  commissioners 325 

costs  on,  how  allowed  ....  326 

on  contingent  demands 326 

Claims,  hovsr  allowed 322 

mutual,  to  be  off  set 323 

of  administrator 324 

contested,  how  decided 324 

preferred,  what  are 324 

appeal  from  allowance  of 325 

submitted  to  referees 326 

depending  on   contingency 326 

not  presented,  barred 326 

Commissioners  appointed 322 

to  be  sworn  and  give  notice 322 

sessions  by,  holden 322 


INSOLVENT  ESTATES. 

Commissioners,  testimony  before.. 323 

allowance  of  claims  by 323 

time  extended,  how 323 

report  by,  made 323 

errors  corrected 324 

special  claims 324 

compensation  of 324 

appeal  from,  when 325 

new,  when  appointed 323 

Creditors,  holding  security 323 

examined  on  oath 323 

may  dispute  claim 324 

appeal  if  dissatisfied 325 

may  defend  actions 326 

claims  when  barred 326 

Decree  of  insolvency 322 

Dividend,  how  made •  324 

Settlement,  if  no  property 324 

Sureties,  when  discharged 326 

INSPECTION  of  beef  and  pork....  189 

butter  and  lard 195 

fish 199 

gunpowder 206 

hops 197 

lumber,  timber,  &c 207 

pot  and  pearl  ashes 204 

INSPECTORS,  appointment  of 188 

tenure   of  office 188 

oaths  and  bonds  of 188 

deputies  appointed 188 

meaning  of  word 188 

vacancies,  how  filled 188 

INSURANCE  companies  formed  ...284 

members  of,  witnesses 380 

contracts  not  usurious 364 

INSURRECTION,  duty  of  U.   S 11 

suppression   of. 175 

INTEREST,  rate  of,  fixed 383 

what  contracts  excepted 384 

penalty  for  illegal 383 

on  executions  allowed 388 

on  prison  bonds,  rate 399 

on   redemption  of  land   sold  for 

taxes in,  113 

INTESTATE  ESTATES.     See  Ad- 
ministration. 
INVENTORY.      (See    Administra- 
tion.)   316 

ISSUE,  includes  whom 45 

ISSUING  private  notes  as  currency  .263 

bills  subject  to  condition 263 

of  forbidden  denominations 264 

more  than  allowed,  penal 264 


INDEX. 


525 


JAIL 461—463 

to  be  kept  in  each  county 461 

court  of  common   pleas  to  have 

the  care  of 4G1 

sheriff  to  be  keeper  of 461 

jailers  to  be  appointed 461 

escape  from,  sheriff  liable  for. , .  .462 

used  as  house  of  correction 462 

for  United  States 462 

prisoners  removed,  when 462 

expenses  paid  by  county . . . .463 

discharged,  how 462 

for   Belknap  and    Carroll   coun- 
ties   463 

JAILERS,  appointment  of 461 

to  keep  jail  and  prisoners 461 

prisoners,  food  for 461 

by  whom  paid 462 

defrauding,  penalty 460 

to  furnish  list  of  prisoners 462 

to  receive   prisoners 462 

if  no  house  of  correction 462 

if  no  jail  in  adjoining  county.  .462 

debtor  surrendered 400 

prisoner  for  tax 110 

in  Strafford  county 463 

fees  of 473 

JOINT  contracts,  when  severed 321 

administrators,  suits  by 321 

resolutions,  style  of 47 

JOINT  TENANTS,  who  are 242 

actions  between 358 

JOURNALS  to  be  published 26 

copies  to  be  prepared 48 

how  printed,  and  when 48,  50 

how  distributed 49 

JUDGE  ADVOCATE.     See  Mili- 
tia. 
JUDGE  OF  PROBATE.  See  Court 

OF    PROBATE. 

salary  of 468 

JUDGES,  appointment  of 31 

exclusion  from  office 39 

tenure  of  office 22 

not  after  70  years 36,  69 

certificate  of  age 69 

salaries  of 468 

JUDGMENT,  how  rendered. .  ..383,384 

on  nonsuit 374 

on  default 375 

if  defendant  absent 375 

in  case  of  set-off 378 

of  betterments 3S4 

on  bonds  or  mortgages 348 


JUDGMENT. 

in  case  of  usury 384 

JUDICIAL  DISTRICTS  in  Grafton  73 

of  the  superior  court 341 

JUDICIAL  proceedings,  proof  of  . 10 

officers    appointed 31 

JUDICIARY,  U.S.,  powers 9,  13 

inN.  H.,  powers 23,36 

JUGGLERS,  punishment  of  . .  .221,  226 

JURORS,  selection  of 20,  348 

list  to  be  made  annually 348 

who  are  exempt  from  serving ....  348 

number,  directed  by  court 348 

venires,  issued  by  clerk 349 

service  of 349 

return  of 349 

drawing,  how   made 349 

person  drawn,  exempt  two  years. 349 

notice  to,  how  given 349 

neglect  to  attend,  penalty 350 

in  case  of  emergency 349 

neglect  of  duty  by  clerks,  town 

clerk  or  sheriff 349 

fraud  of  selectmen,  penalty 350 

of  town  clerk,  penalty 350 

talesmen,  how  returned 350 

questions  of,  to  be  asked 350 

oaths,  form  of 350,  351 

fees   of 473 

on  coroners'  inquests 454 

fees  of 473 

JURY,  right  to  trial  by 13,  20 

before   coroner 454 

fees  for  trial  by 473 

JUSTICE,  Public,  offences  against. 440 
JUSTICES  OF  THE  PEACE. 316,  448 
Ahatcment.     See  Abatement. 

trial  on,  where  to  be 347 

Action  before,  when  brougnt 346 

if  title  to  land  pleaded 346 

for  penalties  and  forfeitures 429 

debt  confessed,  how 377 

if  name  unknown,  how  sued 362 

Adjournment  of  court 347 

by  another  justice 347 

Appeal  in  civil  cases 346 

in  criminal  cases 448 

recognizance  upon 346,  448 

Appointment,  how  made 31 

Commitment  by,  when 449 

for  not  performing  sentence 430 

of  fugitives  from  justice 451 

Confession  of  debt 428 

of  part  of  action,  allowed 377 


526 


INDEX. 


JUSTICES  OF  THE  PEACE. 

Copies,  appellant  to  file 347 

justice  to  file,  when 449 

fees  for 471 

justice  to  give,  when 347 

Costs  on  neglect  of  appellant.  .346,  347 

to  follow  any  sentence 430 

on  complaints,  how  paid 451 

Depositions.     See  Depositions. 

Duty  to  warn  town  meetings 95 

to  call  meeting  of  corporation . .  .288 

Evidence.     See  Evidence. 

Examination  of  prisoner 449 

hearing  adjourned,  when 449 

of  fugitives  from  justice 451 

Executions,  how  issued 388 

after  commission  expires 347 

Fees.     See  Fees. 

in  civil  cases 470 

in  criminal  cases 471 

for  copies 471 

in  case  of  references 428 

of  party  and  attorney 472 

of  witnesses 472 

of  officers   472,  473 

Fines.     See  Fines. 

Issue,  general,  sufficient 377,  430 

plea  of  title  excepted 346,  377 

Jurisdiction  in  civil  cases 36 

general  powers  of  justices 346 

plea  of  title,  not  to  try 346 

proceedings  on 346 

appeal  from,  allowed 346 

to  solemnize  marriages 291 

as  to  strays  and  lost  goods 260 

impounded  animals 257 

floating  timber 259 

of  forfeiture  of  property 431 

in  case  of  arrest  of  debtor 373 

of  trustee  suits.     See  Trustee. 

to  take  depositions 379 — 382 

Jurisdiction  in  criminal  cases. 

not  disqualified,  when 430 

powers  and  duties  of 448 

complaint  to,  necessary 449 

appeal  from,  allowed 448 

may  bind  over,  when 448 

may  bind  to  keep  the  peace 449 

on  escape  of  offi?nder 450 

of  fugitives  from  justice 451 

of  suits  for  penalties 429 

of  complaints  for  fines 429 

Jurisdiction  in  criminal  cases. 

of  police  offences 222,  224 


JUSTICES  OF  THE  PEACE. 

Jurisdiction  in  criminal  cases. 

as  to  disorderly  persons 226 

licensed  houses 228 

Sunday   offences 228 

religious  meetings 229 

liawkers  and  pedlers 239 

shows  and  exhibitions 239 

refusal  to  record  deed 244 

impounded  animals 257 

master  and  apprentice 303 

gaming  houses  and  betting. 446 

profane  swearing 445 

on  view  of  offences 449 

as  to  assault  and  battery 443 

in  case  of  riots 444 

to  disinter  dead  body 450 

of  complaint  for  military  fine  ..  .164 

Justice,  meaning  in  Statutes 44 

how  sworn  into  office 69 

not  to  be  of  counsel .36,  347 

not  disqualified,  when 430 

removal  of : 70 

Justice  of  the  Quorum. 

to  administer  oaths,  when. 70 

in  case  of  poor  debtors 400 

to  approve  prison  bond 398 

in  case  of  arrest  of  debtor 373 

Justices  throughout  the  State. 

powers  as  to  offenders 450 

Landlord   and  tenant.     See  Land- 
lord. 
Limitations.     See  Limitations. 
Military  fines.     See  Militia. 
A'otice.     See  Actions. 

if  defendant  absent 375 

Oaths  administered  by 69 

record  of,  to  be  kept 70 

Office,  tenure  of 36 

Officers.     See  Officer.     Sheriff. 
Penalty.     See  Penalties. 

actions  for 429 

Pleading.     See  Pleading. 

Poor  debtors.     See  Debtors,  poor. 

Prosecutions.     See  Prosecutions. 

Recognizance  on  appeal 346,  448 

taken  in  name  of  State 431 

duty  of  justice  if  forfeited 451 

of  witnesses,  taken 449 

costs  on,  ordered 430 

if  forfeited,  complainant  paid. .  ..430 
commitment,  on  neglect  to  give.. 449 

of  fugitives  from  justice 452 

Recognizance  in  assault  and  battery. 443 


INDEX. 


527 


JUSTICES  OF  THE  PEACE. 

Records  to  be  kept  by 347 

lodged  with  clerk,  when 347 

copies  of,  how  given 347 

of  oaths  to  be  kept  by 70 

References.     See  Reference. 

Search  warrant  in  day  time .449 

in  night  time 450 

in  case  of  nuisances 230 

Set-off.     See  Set-off. 

Suhpana  for  witnesses 379 

service,  how  made 379 

neglect  to  obey,  penalty 379 

Sureties  to  keep  the  peace 449 

in  other  cases 229,  443 

Trial.     See  Actions. 

on  plea  in  abatement 347 

adjournment  of 347 

Warrant  on  judgment 448 

to  commit  to  jail 449 

to  arrest  offender  escaping 4.50 

against  fugitives  from  justice —  .451 

Witnesses.     See  Witnesses. 

summons  for 379 

complainant  may  be 430 

neglect  to  attend,  penalty 379 

may  be  compelled  to  attend 379 

who  may  be 380 

Writ.    (See  Writ.) 361 

KIDNAPPING,  punishment 435 

attempt  at,  punished 447 

KILLING  animals,  punishment. 436,  446 
KIN.     See  Paupers — Descent. 

LADDERS.     See  Firewards. 

LANDS.     See  Real  estate. 

meaning  of  word 45 

LANDS,  Public,  sale  of 53 

commissioners  of 53 

compensation    of 53 

LANDLORD  AND  TENANT. 424, 426 

■Action  against  tenant 424 

form  of  writ 424 

service  of  writ 425 

proceedings  upon 42.5 

title,  how  tried 425 

appeal,  how  allowed 425 

common  law  remedy  exists 426 

Lease  at  loill,  terminated 424 

what  is  such 424 

condition  of,  broken,  eiFect 424 

terminated,  how 424 

rent  on,  how  payable 424 


LANDLORD  AND  TENANT. 

JVotice,  to  tenant  at  will 424 

to  tenant  at  sufferance 424 

if  rent  not  paid 424 

on  breach  of  condition 424 

if  tenant  holds  over 424 

Posscssio7i,  how  recovered. . .  .424,  42-5 

writ  of,  form,  &c 425 

Tenancy  at  will,  terminated 424 

what  is  sucli 424 

at  sufferance,  terminated 424 

LARCENY  of  property  at  fires 216 

of  floating  timber 260 

in  buildings 436 

from  the  person 437 

of  horse,    cattle,  &lc 437 

of  other  property 437 

of  deeds,  papers,  &c 138 

triable  by  justice,  when 448 

LARD.     (See  Butter  and  Lard.) 195 

LASCIVIOUSNESS  punished 444 

LAW,  Martial,  regulated 22,  32 

LAW  OF  THE  ROAD 134 

LA  WS  made  by  the  people 19 

suspension  of,  regulated 21 

principles  to  be  observed 22 

power  of  legislature 23 

before  constitution  adopted 39 

enacting  style 39 

publication  of 47,  48 

v/hen  to  be  published 50 

of  U.  S.  distributed 48 

fees  for  publishing  in  papers 48 

exchange  of 49 

relating  to  courts,  when  to  take 

effect 344 

LAWS  OF   NATIONS,   offences 

against 6 

LAWS  OF  THE  UNITED  STATES, 

supreme  law  of  the  land 11 

how  passed  and  approved 5 

LAWS,  Retrospective,  forbidden. 6,  21 
LEASES.     See  Landlord,  &c. 

in  writing,  to  be,  when , .  .243 

if  not  in  writing,  effect 424 

to  be  recorded,  when 243 

assignment  of 244 

surrender  of 244 

how  terminated 424 

LEATHER,  stamping  of 210 

fraudulent,  penalty 211 

LEGACIES.     (See  Legatee.) . .  .331,  332 

not  defeated  by  disseizin 311 

LEGATEE,  heirs   to  take  share  of  .  .312 


528 


INDEX. 


LEGATEE. 

estate  insuft'icient,  to  share.  .312,  332 

to  give  receipts,  when 332 

to  give  bond,  wlion 334 

wlien  may  be  witnesses 311 

Residuary,  if  executor  is 316 

LEGISLATIVE   power  of  U.  S., 

how  vested 2 

LEGISLATURE,  powers  of 23 

time  of  meeting 23 

may  require  opinions  of  S.  J.  C.  .  .36 

petitions  to,  notice  of 46 

unfinished  business  of 47 

adjournment  of 26,  29,  30,  31 

committees  of 47 

clerks  of,  duties 47 

to  furnish  copy  of  jour- 
nal for  public  printer.  .48 

compensation  of 469 

travel  of,  paid 470 

members,  qualification 25,  27 

exemptions 26,  156 

compensation 469 

travel  of,  paid 470 

not    to    take   fees  or  to 

be  of  counsel 24 

proceedings  of,  to  be  open 24 

LEGITIMATE  children,  settlement 

of.     See  Paupers. 
LEVIES  on  extents      See  Extents. 

on  property  not  of  debtor 358 

on  towns,  how  made 397 

LEVIES  AND  lNJUNCTIOiNS....396 

if  levy  stayed,  lien  not  lost 396 

proceedings,  how  resumed 396 

if  sale  notified 396 

LEVIES   ON    PERSONAL   ES- 
TATE   390—392 

on  money  and  bank  bills 390 

goods  and  chattels 390 

mortgaged  property 390 

rights  of  redemption 390 

pews  or  seats  in  cliurches  . . .  .391 

franchises 391 

shares  in  corporations 392 

Bale   of  property  regulated 390 

redemption   allowed 391 

proceeds  applied 391 

fraud  in,  penalty 391 

adjournment  of 391 

LEVIES  ON  REAL  ESTATE. 393, 394 

Real  estate,  meaning  of  words 45 

appraisers  appointed 393 

levy  on,  how  made 393 


LEVIES  ON  REAL  ESTATE. 

Real  estate,  levy  on  rent,  made   . . .  .394 

possession  delivered 394 

levy  to  be  recorded 394 

may  be  redeemed 394 

creditor  to  release  right 394 

LEVIES  ON  EQUITIES   AND 

TERMS 394—396 

Equities,  how  may  be  sold 394 

notice  of  sale  given 395 

levy,  how  made 395 

redemption  of 395 

deed  of,  form,  &c 395 

proceeds,  how  applied 395 

pureliascr's  right  in 396 

Right  to  receive  conveyance 396 

of  redemption 396 

Terms,  how  taken  and  sold 396 

LEWDNESS,  punishment  of. .  .226,  444 

LIBEL  for  divorce 294 

for  forfeiture  of  goods 431 

LIBRARY,  State 51 

librarian  appointed 51 

vacancy  filled 51 

duties  of. 51 

compensation 52 

committee  on 52 

books  for,  purchased 52 

how  taken  out 52 

binding  of. 52 

LICENSE  for  pedlers 238 

sliows  and  exhibitions 239 

taverners  and  retailers 227 

firing  in  streets 221 

to  guardian  to  sell  land 300,  301 

administrator  to  sell 327,  328 

for  small  pox  hospital 233 

to  disinter  body 450 

LICENSED  HOUSES  regulated. .  .227 

Taverner  licensed,  how 227 

duties  of 227 

tippling    forbidden 227 

license  revoked 227 

selling  liquor,  penalty 227 

Retailers  licensed 227 

selling  liquor,  penalty 227 

Penalty  for  neglect   of  duty 227 

sale  of  liquor  illegally 227 

License,  how  granted 227 

revocation   of,  when 227 

recording  of 227 

fees  for   recording 228 

Complaint,  proceedings  on 228 

lilEN  on  real  estate  for  taxes Ill 


INDEX. 


529 


LIENS. 

on  property  of  ward. 301 

on  property  for  taxes 105 

LIENS  OF  MECHANICS,  &C.....249 

of  laborers  on  vessels 250 

on  buildings 250 

contracts   to  be  recorded 250 

secured  by  attachment 250 

how  discharged 250 

not  in  force  till  adopted 250 

LIFE  and  person,  oiTences  against. .  .433 
attempt  to  commit 447 

LIMITATION  OF  ACTIONS 359 

for  road  damages 124 

for  support  of  pauper 139 

against  administrators 320 

surety  on  probate  bond  .  .  .326 

of  personal  actions 360 

real  actions 360 

debt  on  sealed  instrument 360 

notes  secured  by  mortgage. ....  .360 

writs  of  error 360 

disability,  &c.,  excepted 360 

actions  failing,  excepted 360 

special,  not  affected 360 

actions  of  re%'iew 320,  386 

in  habeas  corpus  cases 408 

in  trespass  on  statute 417 

on  penalties  and  forfeitures 430 

Revised  Statutes,  effect  on.  .475,  476 

LIMITATION  OF  PROSECUTIONS. 

of  complaints 430 

indictment  for  treason 433 

Revised  Statutes,  effect  on  .475,  476 

LINES  of  towns 100, 101 

of  common  fields 256 

LIQUORS,  Spirituous,  sale  to  pau- 
pers   222 

sale  to  idiots  and  spendthrifts 222 

to  prisoners 222 

at  religious  meetings 229 

LISTS  of  voters  at  elections 82,  90 

surveyor's,  requisites  of 127 

of  taxes  on   residents 109 

of  non-resident  taxes 112 

of  railroad  stockholders 103 

LITERARY    ASSOCIATIONS, 

formed 284 

LITERARY  FUND 154 

LOGS.     (See  Timher,  floating.) 259 

ship,  measurement 207 

stopping,  penalty 259 

cutting  out  marks,  penalty 259 

carrying  away,  larceny 260 

67 


LORD'S  DAY.     (See  Sunday.) 228 

LOST  GOODS.     {See  Strays.)  .260,  261 

LOTTERIES  forbidden 446 

sale  of  tickets  in,  penalty 446 

publishing  notice  of,  penalty 446 

LUMBER,  survey  of. 207 

Boards,  measurement  of. 207 

fees  for   survey  of 210 

Certificate,  when  given 207 

Clapboards,  quality  of 208 

inspection  of 208 

fees  for 209 

Count,  by  decimal  hundred 209 

Fees  for  inspection 209 

Hoops,  cullers  of,  chosen 207 

duties  of 207 

inspection  of 209 

fees  for 209 

Lumber,  surveyors  of,  chosen 207 

measuring  and  marking  of 207 

Penalty  for  surveyors'  fraud 210 

shipping  without  inspection 210 

neglect  of  surveyor,  &c 210 

Plank,  survey  of 207 

Shingles,  quality  of 208 

inspection  of 208 

fees  for 209 

Ship  timber,  how  measured 207 

Staves,  cullers  of,  chosen 207 

quality  and  size  of 209 

fees  for  culling 209 

Stirveyors  of  lumber  chosen 207 

duties  of 207 

fees  of 210 

LUNATICS,  included  in  insane 45 

MACHINERY,  how  taxed 102 

MAGAZINE.  (See  Gunpowder .)..  .220 
MAIMING  person,  punishment 434 

assault  with  intent  to  commit. . .  .434 

cattle,  to  injure  owner 436 

in  other  cases 446 

attempt  to  commit 447 

MAINTENANCE  of  paupers.  .137— 139 

of  bastards 141 

MAJORITY,  how  determined 84 

of  public  officers  to  act 45 

of  selectmen  may  act 96 

MALICIOUS  mischief 436,  438 

injury  to  cemetery,  &c 454 

to  cattle  446 

to  property 221 

burning  of  property 436 

MANDAMUS,  writ  of 340 


530 


INDEX. 


MANSLAUGHTER,  punishment. .  .434 
assault  with  intent  to  commit. . .  .434 
MANUFACTURING    CORPORA- 
TIONS.    (See  Corporations.)  .270 

^gent,  appointment  of 271 

By-Iaics,  how  made 271 

Capital  stock,  how  fixed 271 

till  paid,  liability 272 

certificate  of,  how  made 272 

increase   of 272 

reduction  of 273 

note  is  no  paj-mcnt 274 

debts  not  to  exceed 274 

Charter,  subject  to  what  laws 271 

Clerk,  choice  and   duty  of 271 

to  be  sworn 271 ,  233 

to  reside  in  this  State 283 

Debts  not  to  exceed  capital 274 

stockholders  liable,  «&c 274,  286 

Dividends,  if  insolvent,  penalty. . .  .273 

JVotice  of  condition,  given 273 

Officers,  what  are 271 

powers  and  duties  of 271 

liability  for  debts 273,  274 

to  have  contribution 274 

Penalty,  not  paying  assessment 272 

neglect  of  officers 273 

making  dividend,  when 273 

making  false  certificate 274 

Proceedings  of,  examined 275 

Process  against,  service  of 275 

Shares,  certificate  of 271 

transfer  of 272,  287 

assessments   upon 272 

if  not  paid,  sale   of 272 

record  of,  how  kept 275 

Stockholders,  liability  of. .  .272,  273,286 
to  have  contribution.  ..274,  275,  287 

Tax,  assessment  of 102,  104,  106 

notice  of,  given 110 

collection   of Ill 

Treasurer,  choice  and  bond  of 271 

when  not  a  resident 275 

MARRIAGE 290 

validity  of,  how  tried 36,  293 

illegal  and  void,  when 291,  293 

intention  of,  published 291 

solemnization    of 291 

fees  for 291 

of  Quakers 291 

record  of,  kept 291 

by  town  clerk 292 

evidence  of,  what  is 292 

for  divorce 294 


MARRIAGE. 

evidence  of,  after  death 297 

informal,  valid,  when 292 

penalty  for 292 

not  to  abate  suits,  when 376 

consent   for,  age  of 292 

nullity,  decree    of 293 

MARRIED    WOxMEN.      See  Hus- 
band, &c. 

MARTIAL  LAW  regulated 22,  32 

MASCULINE  includes  feminine 44 

MASONIAN   PROPRIETORS 280 

MASTERS     AND     APPRENTI- 
CES   302—304 

apprentices,   how  bound 302 

indenture,  eflTect  of 303 

rights  and  duties  of 303,  304 

fines,  how  paid 165,  223,  303 

MASTERS  OF  VESSELS,  duty  as 

to  exports  193, 196,199,  202, 205, 21 0 

subject  to  quarantine 233 — 236 

pilotage  law 236,  237 

MAYHEM.     See  Maiming. 
MEASURERS    of    grain    in    Ports- 
mouth   211 

of  wood,  chosen 97,  211 

MEASURES  and  weights 213,  214 

town  sealers  of,  chosen 97 

MECHANICS,  liens  of 249 

tools  of,  exempted 110,  367 

MEETING  for  elections 28 

annual,  meaning  of 44 

for  choice  of  governor,  counsel- 
lors and  senators 85 

for  choice  of   representatives  in 

congress 86 

for    choice  of  electors   of  presi- 
dent  87 

for  choice  of  representatives   to 

general  court 89 

for  choice    of  representatives  in 

classed  towns 90 

for  choice  of  county  officers 76 

corporations 288 

proprietary 277 — 280 

school  district 145 

MEETING  HOUSES,  society  form- 
ed  281 

disturbance  in 229 

pews  in,  how  attached 369 

levies  on 391 

repaired  for  town  uses 93 

property,  how  held 282 

MERCHANDISE.     See  Goods. 


INDEX. 


531 


MERRIMACK    COUNTY,  bounds.. 72 
MESNE  PROCESS.     See  Writs. 
MESNE  PROFITS,  to  be  account- 
ed for 246 

neglect  to  give,  penalty 246 

in  action  of  dower 412 

MILITARY  power,  subordinate 21 

guard  of  state  prison 464 

duty  of  engine  men 156 

officers,  removed 32 

MILITIA,  right  to  bear    arms 12 

conscientious  scruples 19 

best  defence  of  State 2l 

officers,  how  appointed 31,  33 

removal  of 32 

MILITIA,  OF  THE 155—187 

Msence  without  leave,  fine  for 161 

Actual  service,  detachment  for 1 75 

rules  for,  what   are 175 

Adjutant,  appointment  of 33, 179 

to  inspect  regiment,  when 170 

blank  returns  to  furnish 172 

duty  as  to  returns 172 

compensation    of 172 

to   keep  orderly  books 173 

to  make  roll  of  musicians 174 

Adjutant  general,  appointment 31 

to  give  bond 181 

to  recover  penalties  for  injuries 

to  public  property 1 69 

duty  as  to  state  arms 169, 1 82 

to  review  regiments,  when 170 

to   pay  expenses,  what 172 

to  consolidate  returns 172 

returns  of  property  173 

general  duties  of 180,  181 

to  be  quartermaster  general 161 

Age,  not  stating,  penalty 158 

wlien  exempted  by 157 

Aids  of  governor,  appointed 1 79 

of  major  general 33,  179 

of  brigadier  general 179 

Alarm,  signals  of,  appointed 1 75 

neglect  of,  penalty 175 

Appeal  on  trial  for  fine 165 

Arms,  what  are   required 160 

exempt  from  attachment 160 

distress 160 

furnished  to  poor,  &C.,  how 160 

State,  furnished,  how 169 

bonds  for 169 

return  of,  made  in  May 172 

in  arsenal,  how  kept 182 

Arrest,  for  fines 164 


MILITIA. 

Arrest,  exemptions  from 171 

of  officers  for  oJl'ences 183 

discharges  from 183 

Arsenal,  arms   kept  in 169,  182 

Artillery,  uniform  of 159 

arms  and  equipments 160 

companies,  how  formed 167 

number  in  regiment 167 

ordnance,  &c.,  for 16S 

allowance   to,  by  State 168 

use  of  property,  guarded 168 

State  arms  provided 169 

rank  of,  at  muster 171 

Blanks  and  books  furnished 181 

adjutant   to  forward 172 

Bond  of  adjutant   general 181 

of  commissary    general 182 

for  State  arms 169 

Books,  adjutant  general  to  furnish  .  .181 

to  be  returned 180 

neglect  to  return,  penalty 181 

Brigades  authorized 33 

limits  of,  defined 178 

how  commanded 179 

Brigadier  general,  appointment 31 

to  issue  orders  for  muster 170 

to  review  regiments 170 

to  appoint  brigade  major 33,  1 79 

to  appoint  an  aid 179 

to  command  brigade 179 

Brigade  major,  appointment. .  .33,  179 

duty  as  to  returns 172 

to  keep    orderly  book 173 

to  be  brigade  inspector 179 

By-laws  of  volunteer  companies. .  .187 

Camp  equipage,  how  furnished  . . .  .181 

distribution  of. 179 

to  be  returned 1 80 

Captains  to  enrol  all  liable 157 

to  issue  orders  to  warn 158 

responsible   for  arms,  &c 160 

to  certify  service 165,  1 66 

list  of  soldiers  entitled,  made. . .  .166 

to  notify  town  of  rations 166 

of  artillery,  liability 168 

to  obey  orders  for    muster 170 

to  make  returns  in  May 171 

of    public    pro- 
perty  172 

of  musicians ....  172 
to  appoint  officers,  when 33 

Cavalry,  uniform  of 159 

arms  and  equipments  of. 160 


532 


INDEX. 


MILITIA. 

Cavalry,  companies,  how  formed.  .  .167 

number  in  regiment 167 

rank  of,  at  muster 171 

Certificate  of  money    paid    by    ex- 
empts   156 

of  inability   to  provide  arms 160 

of  disability,  how  granted 163 

effect  of 1 63 

how   revoked 163 

to  be  recorded 173 

(See,  under  this  head,  Kon-com- 
missioned  officers.) 

Chaplain,  appointment  of 1 79 

Clerk,  choice  and  powers  of 1 79 

roll,  making  and  revising 157 

entered  upon  roll  book 157 

to  record  warnings 151) 

roll    of  delinquents. . .  .163 

in  collection  of  fines 164,  165 

in  making  returns 171,  172 

to  keep  orderly  book 173 

to  record  permits,  &c 173 

to  record  appointments 179 

to  make  complaints 164 

Colonels,  appointment  of 31 

to  issue  orders  for  muster 170 

to  assemble  officers 174 

duty  in  case  of  emergency 175 

to  appoint  staff 1 79 

Colors,  how    furnished 181 

how  distributed 169 

Commander  in  chief,  governor  is. . .  .32 

powers   and  duties  of. 32 

to  appoint  officers 31 

in  case  of  public    danger 175 

to  appoint   signals 175 

aids   of,  appointed 179 

duty  as  to  arrests 183 

may  remit  penalties 181 

to  order  court  of  inquiry 186 

Commanding  officer,  who  is 180 

Commissarij  general,  choice 35 

duty  as  to  State  arms 169,  182 

to  give  bonds 182 

to  appoint  deputy 182 

Companies,  limits    prescribed 166 

alterations  therein 166 

disbandment   of 166 

volunteer,  formed J  67 

number  of. 167 

when  deemed  to  be  full 167 

now  formed,  not  affected 167 

entitled  to    State  arms 169,  182 


MILITIA. 

Companies,  rank  of,  at  muster 171 

officers  of 179 

incorporation  of 187 

Complaint  for  fines 164,  165 

amendment  of 165 

appeal  allowed 165 

Corporals.     (See,  under  this  head, 
JVon-commissioned  officers.) 

Costs,  no  more  than  damages,  when .  164 

on  warrant 1 64 

on   complaint 165 

Courts  martial  authorized 32 

regulation  of 183—186 

powers  of 184 

proceedings  in 184,  185 

expenses  of,  paid,  how 186 

Courts  of  inquiry,  how  ordered ...  .186 

how  constituted 186 

proceedings  in 186 

expenses  of,  how  paid 186 

Delinquents,  roll  of,  made 163 

fines  on.     (See,  under  this  head. 
Fines.) 

Desertion,  what  is  deemed 175 

Detachments,  how  made 175 

Details,  how  made 175 

for  courts  martial 183 

Discharge,  exemption,  when 156 

in  case  of  enlistment 167 

of  guns  illegally,  fine 162 

Discipline,  rules  of,  adopted 174 

Distress  for  fines 163 

warrant  of,  form 164 

how  levied 1 64 

illegal,  action  for 164 

fees  and  costs  on 164 

for   musicians'  fines 174 

Divisions  authorized 33 

limits  of,  defined 178 

how  commanded 179 

inspectors  of.       (See,  under  this 
head,  hispectors.) 

Drafts,  how  made 175 

Drum  major,  appointment 179 

to  assemble  musicians 174 

authority  of 174 

Enginemen  exempt,  when 156 

Enlistment,  when  valid 167 

duties  and  discharge 167 

Enrolment,  who  are   liable  to 157 

students  not  liable  to 157 

evidence  of 157 

of  company  without  officers 158 


INDEX. 


533 


MILITIA. 

Equipments,  regulation  of 160 

exempt  from  attachment 160 

distress 160 

for  the  poor,  provided 160 

minors,  provided 160 

from  United  States 182 

fines  for  deficiency  of 161 

Evidence,  return  or  record  is 159 

company  roll,  of  enrolment 157 

excuse,  when  received  as 162 

surgeon's  certificate,  when 163 

of  delinquency,  what  is 163 

of  service  of  soldiers 165 

Excuses,  how  and  when,  made •  162 

Exempts,  absolute,  who  are 155 

conditional,  who  are 156 

students,  when  are 157 

when  authorized    19 

Fees  on  courts  martial 185 

on  court  of  inquiry 1 86 

Field  officers,  arms,  &c.,  of. 160 

appointment  of,  how  made 31 

to  recommend  captains,  &c 31 

staff  of,  prescribed 179 

Fife  major.    (Sec,  under  this  head, 
Drum  major.) 

Fines  for  non-appearance 161 

for  desertion 161 

deficiency  of  uniform 161 

equipments 161 

arms  not  in  order 161 

arms  loaded  with  ball 161 

disobedience 162 

treating  by  officers 162 

distress  for 1 64 

"    complaint  for 164,  165 

appropriation  of 165 

parents,  &c.,  liable  for 165 

musicians,  for  neglect  of 174 

Governor.      (See,  under  this  head, 
Comitiandcr  in  chief.) 

Grenadiers,  uniform  of 159 

arms  and  equipments  of 160 

companies  formed 167 

number  in  regiment 1 67 

rank  of,  at  muster 171 

Guardians  to  furnish  arms,  &c. . .  .160 
liable  for  fines,  &c 165 

Gun  houses,  erection  of 163 

injury  to,  penalty 168 

Iloscmen,  exempt,  when 156 

Infnitry,  uniform  of 159 

arms  and  equipments  of 160 


MILITIA. 

Infantry,  enlistments  from 167 

rank  of,  at  muster 171 

regulations  adopted 174 

Injuries  to  public  property 181 

Inspections,  company,  when 1 70 

regimental,  when 170 

returns  of,  made 171 

of  ordnance 171 

Inspectors  to  inspect  regiments 170 

to  make  returns 171 

to  inspect  ordnance 171 

to  keep  orderly  books 173 

appointment  of 179 

brigade  major  to  be 179 

adjutant  general  to  be 181 

Insurrections,  suppression  of 175 

Judge  advocate  appointed   179 

duty  on  court  martial 183 — 186 

on  court  of  inquiry 186 

Laws  to  be  distributed 181 

Light  infaiitry,  uniform  of 159 

arms  and  equipments  of 160 

companies  formed 167 

number  in  regiment 167 

rank  of,  at  muster 171 

Major  general,  appointment 31 

to  issue  orders   for  muster 170 

to  review  regiments,  when 170 

to  appoint  aids 33 

Martial  law  regulated 22,  32 

Masters  to  furnish  arms,  &c 160 

liable  for  fines,  &,c 165 

Minors,  equipments  for 160 

fines  upon,  how  paid 165 

Musicians  to  draw  rations  . 165,  166 

exempt  from  arrest,  when 171 

return  of,  made  in  May 172 

to  be  assembled 174 

fines  on 1 74 

place  of,  in  line 1 74 

instruments  furnished  to 179 

injury  to,  punished J.81 

Musters,  orders  for,  issued 170 

day  for,  how  appointed 170 

place  of,  where  to  be 170 

fines  at 161 

regiment  divided  for 171 

line  at,  how  formed 171 

music,  where  placed  at 174 

Karnes,  not  giving,  penalty 158 

Kon-commissioned  officers. 

orderly  sergeant.  (See,  under  this 
head.  Clerk.) 


534 


INDEX. 


MILITIA. 

Non-commissioned  officers. 

warning  company,  duty 158 

arms  and  equipments  of 160 

roster  of,  to  be  kept 173 

appointment  of 33,  179 

Notice.      (See,  under  this  head, 
Warning.) 

Oaths,  on  courts  martial 184,  185 

in  courts  of  inquiry 186 

official,  administered 69 

form  of 37,38 

Officers,  appointment  of 31 

arms  and  equipments  of. 160 

uniform  of 159 

roster  of,  to  be  kept 1 73 

instruction  of 1 74 

removal  of 32,  179,  180 

number  and  rank  of 179 

where  to  reside 179 

resignation  of. 1 80 

to  account  for  public  property..  .180 

arrest  of,  for  offences 183 

courts  martial  for 183 — 186 

court  of  inquiry  for 1 86 

insulting,  penalty  for 162 

if  company  destitute  of 158 

to  fix  limits  of  parade 180 

Orders,  distribution  of 173 

for  company  trainings 170 

for  regimental  musters 170 

for  officer  drills 174 

disobedience  of 183 

Orderly  hooks,  by  whom  kept 173 

adjutant  general  to  keep 180 

furnished  by  State 181 

Orderly  sergeant.    (See,  under  this 
head.  Clerk.) 

Ordnance,  &lc.,  for  artillery 1 68 

captain  to  have  care  of 163 

to  be  responsible  for 168 

injury  to,  penalty 168 

illegal  use  of,  penalty 168 

inspection  of 171 

Parade,  bounds  of,  fixed 180 

Parents  to  furnish  arms,  &c 160 

liable  for    fines,  &lc 1 65 

Paymaster,  appointment  of 170 

Penalties  for  not  giving  name  or  age  153 

for  giving  false  information 158 

for  not  warning 159 

for  discharging  fire  arms 162 

for  surgeon's  receiving  fee 163 

parents,  &c.,  liable  for 165 


MILITIA. 

Penalties  for  injury  to    public  pro- 
perty   1 68 

for  neglect  to  pay  rations 166 

appropriation  of 169 

neglecting  signals 175 

how  recovered 131 

Physicians,  exemption  of 156 

certificates  given  by 163 

Postages,  when  to  be  paid 172 

Pcncder,  allowance  for 1 68 

Privates,  when  to  warn    158,  159 

not  liable  to  arrest,  when 171 

arms,  how  furnished  to 160 

Property,  military,  furnished 168 

injury  to,  penalty 168 

land  for  gun  houses 168 

deficiency  of,  returned 171 

return  of,  made  in  May 172 

requisition  for,  made 172 

duty  of  quartermaster 173 

account  of,  required 33 

distribution  of 179 

returned  before  resigning 180 

adjutant  general's  duty 181 

commissary  general,  duty 182 

Quakers,  exemption  of 19,  156 

Quartermaster  general,    adjutant 

general  to  perform  duties  of.  .  .181 
Quartermaster  sergeant  appointed.  .179 
Quartermaster,  appointment. . .  .33,  179 

duty  as  to  returns 172 

to  keep  orderly  book 173 

general  duties  of 1 79 

Rank  of  officers 179,  180 

Rations,  soldiers  entitled  to 165 

at  muster,  provided 166 

Records  may  be  amended 159 

original  or  copy,  evidence 1 59 

of  returns  to  be  made 173 

of  courts  martial,  where  filed ....  185 

Regiments,  review  of 170 

inspection  of 1 70 

in    line,  how  formed 171 

constituted,  how 176 — 178 

commanded,  how 179 

Removal   of  officers  regulated 32 

power  of,  when  exercised  . . .  179,  180 

Requisition,  how  made 172 

Resignation  of  officers 180 

Returns  of  warnings 158 

amendment   of 159 

original  or  copy^ evidence 159 

making  false,  is  perjury 159 


INDEX. 


►35 


MILITIA. 

Returns  not  making,  penalty 159 

of  inspections 171 

by  captain,  in  May 171 

of  public  property 172 

by    adjutant,  brigade   major  and 

quartermaster 172 

by  adjutant  general 172,  173 

of  musicians,  made 1 72 

neglect  to  make,  penalty 172 

expenses  of,  paid 1 72 

to  be  recorded 173 

blanks  for,  furnished 161 

Reviews,  day  for,  how  appointed. .  .170 

by  whom  conducted 171 

by  adjutant  general 181 

Rijle  companies,  uniform  of 150 

arms  and  equipments  of 160 

formation  of 167 

number  in  regiment 167 

ranii    of,  at  muster 171 

RoZ/,company,  how  made  and  revised  157 

of  company  without  officers 158 

of  delinquents,  how  made 163 

drafts  made  from,  how 175 

of  musicians,  furnished 172 

Rosters,  of  officers  kept 173 

adjutant  general  to  keep 181 

Rules  of  discipline,  of  U.  S 174 

in  actual  service 175 

Selectmen  to  assess  tax  if  company 

without  officers 1 58 

to  pay  such  tax  to  whom 158 

to  provide  arms,  &c.,  when 160 

to  pay  soldiers  serving 165 

to  pay  rations  at  muster 166 

neglect,    penalty 166 

Sergeants.     (See,  under  this  head, 
JVon-commissiojied  officers.) 

Sergeant  major,  appointment 179 

Shakers.     See  Quakers 156 

Staff,  governor's 1 79 

major  general's 179 

brigadier  general's 31, 179 

regimental 179 

Subalterns,  appointment  of. 31 

non-commissioned  officers 33 

Stnmnons,  how  issued  and  served..  165 
when  amendable 165 

Surgeons  and  mates,  appointment.  .179 

certificate  to  be  given 162 

effect  of 163 

to  be  recorded 1 73 

Tovms,  monej'  paid  by  exempts. .  .  ,157 


MILITIA. 

Toxcns,  if  company  has  no  officers.  158 

arms  furnislied  by 160 

to  pay  soldiers  entitled 165 

to  pay  soldiers'  rations 166 

Training,  warning  for 158,  159 

when   ma}'  be  ordered 170 

fines  at 161 

Uniform,  regulation  of 159 

exempt  from  attachment 160 

distress 160 

fine  for  want  of l6l 

Volunteers,  formation    of 167 

disbanded,  how  liable 1 67 

number  in  regiment 167 

for  actual  service 17-5 

incorporation  of 187 

IJ'ar,  duty  of  governor   in 32 

detachments  for,  made 175 

Warning  to  train,  made 158,  159 

neglect  of,  penalty 159 

in  case  of  danger,  what  is 175 

Watches,   military,  appointed 175 

Witnesses  in  courts    martial 185 

in  court  of  inquiry 186 

MILLS  AND  THEIR  REPAIRS.. 251 

repairs,  how  made 2.52 

selectmen,  petition  to 252 

hearing  before 252 

order  of 252 

penaltj'  for  neglect 253 

contracts  not  affected 253 

toll  for  grinding 253 

illegal,  penalty 253 

taxation    of 102 

MINISTERIAL   lands.      See   Par- 
sonage. 

MINISTERS,  how  supported 18 

contracts  before  July  1 ,  1819 93 

to  solemnize  marriages 291 

illegal,  penalty 292 

MINKS,  protection  of 241 

MINOR.        See     Guardian— Disa- 
bility'— Paupei'.s. 

penalty  for  voting 84 

may  be  bound  as  apprentice 302 

to  be  executor  when  of  age 315 

fines  on,  how  paid 165,  223, 303 

MISCHIEF,   Mamcioi's  .  .221,  436,  43S, 

446 

MISPRISION  of  treason 433 

indictment  for,  limited 433 

MISTAKE,    (See    Abatement,)    cor- 
rected in  chancerv 340 


536 


INDEX. 


MODERATOR,  choice  and  oath  of. .  ,95 

duties  of 28,  95 

duties  in  elections 83,  84 

fraud  of,  penalty 85 

in  classed  towns 90 

if  vote  questioned,   duty 96 

to  administer  oath  to  town  officers  97 

to  notify  persons   chosen 97 

MONEY,  computation  of 40 

drawn  from  treasury 6,  26 

coining  of,  regulated 5 

judgment  rendered  in 383 

how  seized  for  debt 367,  390 

at  interest,  how  taxed 102 

finder  of,  duty 260 

MONEY  BILLS,  originating 5,  26 

MONTH  means  calendar  month 44 

MONUMENTS,  injury  to 445 

administrator  may  erect 318 

MORALITY,  offences  against 444 

MORTGAGED  PROPERTY.  (See 

Mortgage.)  attachment  of.  368,  369 

levy  upon,  regulated 394 

illegal  sale  of,  punished 248 

fraud  in  relation  to 438 

MORTGAGE     OF     PERSONAL 

ESTATE 247 

what  may  be  mortgaged 248 

possession  or  registry  essential  .  .248 

ships  at  sea,  &c.,  excepted 248 

oath  to  be  taken 248 

to  be  recorded 248 

false,  perjury 441 

when  valid 248 

sale  of  property,  penalty 248 

second  mortgage,  penalty 248 

records  for,  kept 249 

redemption  of 249 

sale  of,  by  mortgagee 249 

notice  of,  given 249 

mortgagee  to  give  account 369 

MORTGAGE     OF     REAL     ES- 
TATE  245—247 

.Action  on,  limited 360 

on  notes,  secured  by 360 

Administrator  to  redeem 318 

Construction  of  a  mortgage 245 

Debt,  amount  determined 246 

Eyitry  by  process  of  law 246 

by  mortgagee 247 

evidence  of,  preserved 247 

Equity  may  be  attached 368 

levies  on,  how  made 394 — 396 

of  equity,  attachable 367,  396 


MORTGAGE  OF  REAL   ESTATE. 

Equity,  equity  of,  levy  on 396 

Foreclosure  by  process  of  law 246 

by  possession  and  notice 247 

Judgment  on,  to  be  conditional 384 

Mills,  repairs  of,  duty 252 

Mortgager,    Mortgagee,     meaning 

of 247 

Mortgage,  what  is  deemed  to  be. . .  .245 

condition  to  be  inserted 245 

void  on  performance 245 

to  secure  present  debt  only 245 

discharge  of,  deemed,  when 246 

JS^otes  secured  by,  action  on 360 

Possessio7i  for  foreclosure 246,  247 

writ  of,  how  issued 384 

Redemption  of  mortgaged  property. 246 

expenses  to  be  paid  before 247 

by  administrator 318 

by  attaching  creditor.  ..368 

Release,  to  be  executed 245 

court  may  order,  how 246 

Rents,  account  of,  given 246 

Superior  court,  powers  as  to 340 

Tender,  mode  and  effect  of. . .  .245,  246 

MURDER,  what  is  deemed  to  be 433 

attempt  to  commit 447 

assault  with  intent  to  commit  . .  .434 

trial  of,   regulated 342 

rights  of  prisoner 457,  458 

degree  of,  determined 434 

punishment  of 434 

punishment,  how  inflicted 458 

concealing  death  of  child 434 

MUSKRATs"  protection  of 241 

MUTE,  prisoner  standing 458 

MUTUAL    FIRE     INSURANCE 

COMPANIES,  how  formed. .  .284 
members  of,  may  be  witnesses. .  .380 

NATURALIZATION 5 

NEWINGTON,  school  districts  in.  ..144 
NEW  TRIALS.     {Qee  Review.)  ....386 

granted  by  superior  court 340 

NON  COMPOS  included  in  insane..  A^ 
NON-RESIDENTS.     See  Taxes. 
NONSUIT,  costs  on,  in  court 374 

on  plea  of  title  before  justice 346 

NON  TENURE,  plea  of 376, 377 

costs  on,  how   allowed 376 

NOTARIES  PUBLIC,  powers  of ...  .67 

tenure  of,  office  of 69 

records  lodged  with  secretary  ....68 
may  be  demanded 68 


INDEX. 


587 


NOTARIES  PUBLIC. 

records,  copies  Of 68 

kept  on  file 68 

protest,  is  evidence 68 

depositions  taken  by 379 — 381 

fees  of 474 

NOTES.     See  Trustee  Process. 

grace  on,  allowed 359 

secured  by  mortgage,  suit  on. . .  .360 
to  unincorporated  bank,  void.... 263 
by  incorporated  bank,  suit  on . . .  .263 

private,  are  not  currency 263 

larceny  of 437 

forgery  of 339 

NOTICE  to  town  officers 98 

of  suits.     See  Actions. 

of  taxes   before   distress.      See 

Taxes. 
of  sale  for  taxes.     See  Taxes. 
of  support.     See  Paupers. 
in   probate   cases.     See    Court, 
probate. 

NUISANCES,  removal  of 230 

regulations  for,  made 230 

power  of  health  officers 230 

leaving,  penalty 231 

buildings   are,  when 231 

privies  and  styes,  when 231 

in  street,  how  removed 332 

NUNCUPATIVE  WILL,  when  va- 
lid   312 

OATH  includes  affirmation. 38,  45, 69, 380 

of  public  officers 38,  69 

of  debtor  in  usury 383 

on  license  to  sell 328 

of  poor  debtors 400 

of  town  officers,  form 97 

of  allegiance,  form 37 

filed  in  secretary's  office 38 

official,  how  administered 38,  69 

before  legislature 47 

commissioner   may  administer. . .  .69 

ceremony  in  taking 69,  380 

record  of 70,  98 

in  courts  martial 184,  185 

in  court  of  inquiry 186 

of  inspectors,  how  taken 188 

of  grand  and  petit  jurors . . .  .350,  351 

profane,  forbidden 445 

OATS,  measurement  of 212 

OBLIGATIONS,  joint,  when  severed  321 

OBSCENITY,  punishment  of 221 

OBSTRUCTING  officer,  penalty  441 ,  442 
68 


OFFENCES  against  the  State 432 

the  life  or  person 433 

property 435 

public  justice 440 

the  public  peace 443 

chastity,   &c 444 

public  policy 446 

OFFICES,  what  incompatible 39 

e.xclusion,  by  bribery 40 

tenure  of.     (See    Tenure.) 69 

not   hereditary 18 

not  affected  by  repeal 476 

OFFICERS,  appointment  of 31 

accounts  rendered  by 33 

majority  of,  acting 45 

who  are  meant  by 45 

public,  to  take  oath 69 

age  limited 36,  69 

removed  by  address 32,  70 

how  qualified 79 

eligibility  of 82 

town,  choice  of 96,  97 

to  be  sworn 97 

vacancies  filled 99 

action  against  to  be  case 359 

embezzlement  by,  penal 433 

personating,  penalty 443 

obstructing,  penalty 441,  442, 453 

powers,  on  warrants 450 

of  other  states,   rights 452 

to  seize  articles  made  or  used  un- 
lawfully   459 

neglect  of,  penalty,  if  no  other.. 460 

fees  for  recording,  &c 471 

health.     See  Health  officers. 
police.     See  Police. 
military.     See  Militia. 
corporate.     See  Corporations. 

OFF-SET.     See  Set-off.  . 

ORDNANCE.     See  Militia. 

ORIGINAL      PROCESS.        See 
Writs. 

ORNAMENTAL  TREES,  injury  to. 221 

OTTERS,  protection  of 241 

OVERSEERS  of  the  poor,  choice  of.. 97 

if  none,  selectmen  to  be 97 

duties  of.     See  Paupers. 

OWNERS  of  common  fields 255 

of  common  lands 277 

may  pilot  their  vessels 237 

PAGE,  in  copies,  224  words 471 

PARDON,  granted  by  governor 32 

granted  by  president 8 


588 


INDEX. 


PARENT  to  record  births,  «fec 240 

to  support  cliildren 138 

liable  for  fine  on  child.  .223,  229,  303 
neglect  of  military   duty.  .1,65 
for  apprentice.     See    Ap- 
prentice. 

PARISHES  declared  to  be  towns 93 

PAROL  promise  not  binding,  when.  .328 

conveyances,  effect  of 244,  424 

PARSONAGE,  provision  for 281 

donation  for,  how  held 282 

conveyance  of ^83 

PARTITION  OF  REAL  ESTATE, 

413—416 

Jlgent,  if  owner  unknown 414 

if  owner  incapacitated 414 

to  be  notified 414 

by  judge  of  probate 415 

Jlppllcutlon,  how  to  be  made 413 

estate,  how  described 413 

owners,  how  described 413 

notice  of,  how  given 413 

to  judge  of  probate,  when 415 

Committee^  how  appointed 4 14 

to  give  notice 415 

to  make  partitions,  how 414 

Costs,  when  and  how  allowed 415 

before  judge  of  probate 415 

distress  therefor 416 

Guardian,  if  owner  an  infant,  &c  .  .414 

to  be  notified 414 

how  appointed 415 

JVotice  of  application,  given 413 

of  hearing  by  committee 414 

before  judge  of  probate 415 

Partition,  in  what  cases 413 

when  and  how  made 414 

not  avoided  by   conveyance 415 

nor  by  encumbrance 415 

nor  by  death 415 

made  by  judge  of  probate 415 

if  share  not  set  off"  to   owner  ...  .415 

if  estate  not  divisible 416 

Petitionee  to  be  notified 413 

if  unknown  or  out  of  State 413 

if  an  infant,  guardian    or    agent 

appointed  for 415 

Report,  when  and   how  made 414 

to  be  recorded 414 

costs  adjusted  in 414 

to  judge  of  probate 415 

Trial  of  disputed  questions 414 

costs  on,  how  allowed 415 

PARTNERSHIP.     See  Copartners.      , 


PARTNERSHIP. 

superior  court  may  adjust 340 

PARTY,  death  of.  See  Abatement. 
nonjoinder  of.  See  Abatement. 
misjoinder  of.     See  Abatement. 

oath  of,  in  usury 383 

fees  of 472 

PASSENGERS    in    infected    ves- 
sels  233—236 

pauper,  bonds  for,  given 140 

PAUPERS,  support  of,  and  preven- 
tion of  pauperism 135 

.Action,  not  until  notice  given 138 

limited  to  three   years 139 

trial  of,  transferred,  when 139 

Jlpjir entices,  poor  children  bound  as  138 

for  how  long  time 138 

bound  by  written  contract 138 

usage  of,  inquired  into 138 

bound  out  by  county 140 

Bastards.     See  Bastards. 

Burial  of  paupers,  provided  for 138 

Children  legitimate,  settlement. . . .  136 

illegitimate,  settlement 136 

no  settlement  by  birth,  if 137 

how  bound  out 138 

of  county  paupers,  bound  out.  ..140 

support  of 138,  141 

County  liable  for  support,  when. . .  .139 

may  purchase  county  farm 139 

in  towns  not  organized 140 

persons  chargeable,  bound 140 

sent  to  asylum,  when 56 

Idle  persons  bound  out,  how 137 

punishment  of 226 

sale  of  liquor  to,  penalty 222 

Insane,  supported  at  asylum 56 

supported  by  count}',  when 57 

Maintenance  by  town 137 

liability  of  towns  for 138 

of  relations  for 138 

of  county  for 139 

of  bastards 141 

Masters  of  vessels  to  give  bond  ....  240 
bond,  how  made  out  and  filed.  ..140 

landing  passengers  M'ithout 140 

JYoticc  of  sums  expended,  given.  -.138 

no  action  lies,  till  given 138 

service  of,  how  made 1 38 

for  how  long,  good 138 

Overseers  of  the  poor,  choice  of 97 

selectmen  to  be  if  no  choice 97 

to  relieve  all  poor  persons 137 

to  bind  out  idle  persons 137 


INDEX. 


539 


PAUPERS,  &c. 
■Overseers,  to  bind  children,  when.  .138 

binding  out,  how  done 138 

may  set  to  work  idlers 138 

may  bind  out  for  county 140 

may  send  to  asylum 56 

Pau'perism,  prevention  of 141,  226 

Penalty  for  bringing  into  State  ....  140 
county. . .140 

on  master  of  vessel 140 

sale  of  liquor  to  pauper 222 

buying  property  of  pauper 222 

Poor  farm  may  be  purchased 137 

officers  of,  appointed 137 

Relations  liable  for  support 138 

Removal  of  paupers  by  court 141 

Settlement,  how  gained 136 

not  by  birtli,  unless ]  37 

before  January  1,  1796 137 

continues  till  new  one  gained  .  .  .137 
Town  to  relieve  all  needy  persons..  137 

may  purchase  farm 137 

liable  for  support  of 138 

notice  of  expense,  given ]  38 

not  organized,  support  of 140 

may  send  to  asylum 56 

PEACE,  Public,  offences  against. . .  .443 
PEACE,  sureties  for.   (See  Sureties.)  .U^ 
PEARL  ASHES,     {^ee  Ashes.)  ..  ..2M 
PEDLERS  AND    HAWKERS,  li- 
cense of. 238 

what  sold  without 238 

violation  of,  penalty 238 

powers  of  justice 239 

PENALTIES   AND    FORFEIT- 
URES  429,430 

recovery  of,  mode 429 

appropriation  of,  mode 429 

time  of  neglect  reckoned 429 

trial  for,  where    had 429 

prosecution  for,  limited 430 

what  justice  may  hear 430 

witnesses,  who  may  be 430 

proceedings  on  trial 430 

costs  follow  event  of  suit 430 

remitted  by  selectmen 430 

what,  if  no  other  provided 460 

PENSIONS,  when  granted 22 

PEOPLE,  inherent  power  of..  .13,  17,18 
may  assemble  and  petition.  . .  .12,  21 

may  bear  arms 12 

may  alter  government 19 

to  be  protected 19 

PERAMHrr-ATION  of  liue^ 100 


PERAMBULATION. 

duty  of  selectmen  in 100 

in  unincorporated  places 101 

penalty  for  neglect 100 

court  of  common  pleas  to  settle.  .101 

PERJURY,  indictment  for 441 

in  militia  returns 159 

what  is  deemed  to  be 441 

subornation  of    441 

punishment  of 441 

attempt  to  procure 447 

Person  includes  corporation 44 

offences  against 433 

forcible  seizure  of 435 

PERSONAL    ACTIONS,   where 

brought 358 

trustee  on,  when 418 

limitation  of 360 

PERSONAL  ESTATE,  attachment 

of 367 

levies  on.     (See  Levies.) 390 

mortgage  of 247 

PERSON,  offences  against  the 433 

PERSONATING  officer,  penalty  ...443 

PETITION,  right  of,  protected ....  12,  21 
probate  proceedings  begun  by. .  .305 
filed  in  vacation 377 

PEWS  are  personal  property 369 

sale  of,  on  execution 391 

exempt  from  attachment 368 

PHYSICIANS  exempt  from  military 

duty 156 

may  give  certificate,  when 163 

PICKLED  FISH.     See  Fish. 

PILFERER,  Common,  punished   226 

PILOTS,  appointment  of 236 

deputies  appointed 236 

oath  and  bond  of 236 

duty  and  powers  of ■ .  .236,  237 

cruising  ground  of 236 

liealth  regulations,  notice 235 

duty  as  to  quarantine 235 

neglect,  penalty 235 

fees  of 237 

PISCATAQUA.     (See  Harbor  of. ) .  .236 

PLACES.    (See  Unincorporated  pla- 
ces.)  101 

PLEA,  special,  not  necessary,  when .  .377 
of  title  to  real  estate  excepted..  .377 

in  actions  of  review 375 

of  set-off 378 

to  be  in  English  language 361 

amendments  allowed 376 

PLITRAL  includes  shi^ular 44 


540 


INDEX. 


POLICE  OF  TOWNS 220 

Appeal,  when  allowed 223,  225,  22G 

bond  on,  given 223 

Arrest   by  police  officers '224 

by  watchmen 235 

Complaint  for  offences 222 

warrant  on,  issued 222 

summons,  when  issued 222 

neglect  to  appear 222 

liability  of  town 224 

Offences,  description  of 221,  222 

disorders  in  street 221 

obscene  songs,  figures,  &c 221 

injuries  to  property 221 

gaming  and  juggling 221 

making  noise  illegally 221 

use  of  friction  matches 221 

injuring  sidewalks 221 

bathing,  exposure  by 221 

leaving  carriage  in  street 221 

drunkards  and  prostitutes 222 

treating  paupers  or  idlers 222 

buying  of  pauper 222 

resisting  police  officer 222 

riding  fast  in  street 222 

driving  cart  carelessly 222 

against  public  regulations 224 

in  night  time 225 

idle  or  disorderly  persons 226 

Officers.     See  Police  officers. 
resisting,  penalty 222 

Penalty  for  police  offences 222 

parent,  &c.,  liable,  when 223 

fine,  «fcc.,  to  whom  paid 223 

for  whose  benefit 223 

idle  or  vicious  persons 226 

how  remitted ..224,  430 

Police  regulations,  made 224 

Watchmen,  appointment  of 225 

duty  and  powers  of 225,  226 

Police  officers,  appointment 223 

tenure  and  oath  of  office 223 

compensation  of 223 

to  arrest  offender 224 

to  make  regulations 224 

penalties,  how  remitted 224 

law  in  force,  where 224 

Sunday,  duty  as  to 228 

religious  meetings,  duty  as  to 229 

POLICE  REGULATIONS,  how 

made 224 

by  fire  wards 216 

POLICY,  Public,  offences  against  ..446 
POLLS,  taxation  of 102,  103,  103 


POLLS. 

what  are  ratable 89 

list  of,  made  out 84 

for   choice  of  representatives 24 

POOR.     See  Paupers. 

POOR  DEBTORS.     See  Debtors. 

PORK.     (See  Beef  and  pork.) 189 

PORTSMOUTH,  schools  in 152 

measurers  of  grain  in   211 

gunpowder  in 220 

POSSESSION,  writ  of,  form 389 

on  levy  upon   real  estate 394 

for  foreclosure  of  mortgage 247 

by  trespasser,  gives   no  title 417 

POST  GUIDES.      See  Guide  posts. 

POSTHUMOUS  CHILDREN,  shares 

of. 311,  332 

POT  ASHES.     See  Ashes. 

POTATOES,  weight   of 212 

POUNDS  AND  IMPOUNDING... 256 

Animals  impounded 256 

notice  of,  to  owner 256 

appraisal  of. 257 

sale   of 257 

treated  as  strays 257 

rescued,   retaken 258 

to  be  fed 258 

Appraisers,  choice  of 257 

duties   of 257 

Damages  estimated 256 

notice  of,  to  owner 256 

appraisal  of. 257 

payment  of 257 

Impounder,  duties  of 256 

to  confine  animals 256 

to  estimate  damages 256 

to  notify  owner 256 

fees    of 258 

Impounding  regulated 256 — 258 

costs  and  fees  of 258 

Penalty,  notice  of,  to  owner 256 

neglect  to  keep  pound 258 

rescue  or  pound  breach 258 

neglect  of  animals 258 

Pound  to  be  provided  by  town 258 

if  none,  what  to  be  such 256 

Pound  keeper,  choice  of 97 

vacancy,  how  filled 99 

oath   of  office 97 

neglect  to  serve,  penalty 98 

to  feed   animals 258 

fees   of 258 

Pound  breach,  penalty  for 258 

evidence  of,  what 258 


INDEX. 


541 


POUNDS  AND  IMPOUNDING. 

Rams   impounded 241 

Rescue,  penalty  for 258 

animals  retaken 258 

Stray  beasts,  animals  treated  as.... 257 

proceedings  as  to 260 

Towns  to  provide   pounds 258 

penalty  for  neglect 258 

POWDER.     (See  Gunjwicdci-)  ..20(5,219 

POWERS  of  government,  defined 22 

of  governor 30 — 33 

of  congress 5 

of  U.  S.  limited 13 

of  attorney' 244 

PRESIDENT   of  U.  S.,  choice   and 

powers 7,  8 

PRESS,  freedom  of  the 12,  21 

PRINTING  includes  icriting 45 

PRISON,  State.    (See  State  prison) .  463 
PRISONER.     See   Arrest— Jail. 

rights  of,  under  U.  S 12 

constitutional    right  of. 19 

trial,  where  to  be 20 

conveying  tools  to 442 

aiding  escape  of 442 

permitting  escape  of 442 

standing  mute 458 

rights  of,  on  capital   trial 457 

for   life,  civilly  dead 450 

in  jail,  removal  of 462 

discharge  of 462 

support  of,  how 461,  462 

PRIVATE  WAYS.    See  Highways. 
PRIVATE  BANKING  forbidden ...  263 

PRIVILEGE  from  arrest 4, 26,  372 

PRIVILEGED  debts,  what  are 324 

PROBATE  COURTS.    (See  Courts 

of   prolate) 305 

PROBATE  BONDS  AND  SUITS.. 335 

.Action  on  bond,  how  brought 336 

plaintiffs,  names  of,  endorsed. . .  .336 

priority  of,  settled 337 

new  ones  added 337 

costs,  how  allowed 337 

review  of,  not  allowed 337 

Bond,  when  to  be  given.  .315,  316,  327 

condition    of 315 

breach  of,  is  fraud 328 

new,  required,  when 336 

to  be  given  to  judge 336 

attachment  on 337 

chancering  of. 336 

Execution,  how  issued 337 

for  costs,  issued 337 


PROBATE  BONDS  AND  SUITS. 

Judgment  on,  how  rendered 336 

scire  facias  on,  allowed 337 

not  to  be    a  bar,  when 337 

Sureties,  liability  of,  limited 326 

discharged 336 

insufficient,  new  bond 336 

PROBATE  of  wills.     See  Wills. 

PROCESS.     See  Writs— Justices. 

PROFANITY,  punishment  of 445 

PROMISSORY  NOTES,  action  on.  .359 

grace,  when  allowed 359 

larceny   of 437 

forgery  of 439 

how  trusteed.      See    Trustee 

PROCESS. 

PROOF  of  deeds,  how  made 244 

PROPERTY  taken  for  public  use.  12,  19 

to  be  protected 19 

offences  against 435 — 438 

fraudulent  conveyance  of. 438 

receipt  of 438 

stolen,  receiving,  penalty 437 

PROPORTION  of  taxes 57 

PROPRIETARY  RECORDS .  .279,  280 
PROPRIETORS  of  common  lands  .277 

by-laws,  how  made 277 

meetings,  when  holden 277,  280 

officers  of 277,  278 

assessments  and  sale 273,  279 

records,  how  kept 279,  280 

Masonian  lands 280 

PROPRIETORS  of  common  fields.. 255 

PROROGATION  of  legislature 31 

PROSTITUTES,  punished 222,226 

arrest  of 225,  226 

PROSECUTIONS,  how  brought. . .  .429 

limitation  of 430 

costs  of,  how  paid 451 

compensation  to  prosecutor 459 

how  affected  by  repeal 475,  476 

if  recognizance  forfeited,  allow- 
ance made  to  prosecutor 430 

PROTESTS  entered  on  journal 26 

notarial,  are  evidence 68 

PROVISIONS  not  attachable 368 

PROXY,  voting  by,  forbidden 289 

PUBLIC  HEALTH.     See  Health. 
PUBLIC  HOUSES.     See  Licensed 

HOUSES. 

PUBLIC  JUSTICE,  offences  against 440 

PUBLIC  LANDS 53 

PUBLIC  PEACE,  offences  against., 443 
PUBLIC  SHOWS  regulated 239 


542 


INDEX. 


PUBLIC  WORSHIP,   disturbance 

of 228,229 

PUBLIC  PRINTER,  choice  of 49 

to  give  bond 49 

duties  of. 49 

compensation  of 49,  50 

duty  as  to  statutes 47 

journals 48 

PUBLICATION  of  statutes 47 

of  journals 48 

PUBLISHMENT.     (See  Marriage.)  .201 

PUNISHMENT,  see  several  offences. 

cruel,  forbidden 13,  20,  22 

how  affected  by  repeal 475,  476 

of  death,  how  inflicted 458 

where  benefit  of  clergy 458 

on  second  conviction 458 

on  third  conviction 459 

in  house  of  correction 225 

in  state  prison 463 

QUAKERS,  exempt  from  military 

duty 156 

marriages,   solemnized 293 

clerks  of,  duties 291 

monthly  meeting,  property  held 
by 283 

QUALIFICATION  of  governor 30 

.of  senator 27 

of  representative 25 

of  town  officers 69,  82 

of  county   officers 77 

QUARANTINE,  regulations  for  233--236 

QUORUM  of  superior  court 341 

of  house 26 

of  senate 29 

of  public  officers 45 

QUO  WARRANTO,  how  issued.... 340 

RAILROAD  CORPORATIONS. 

(See   Corporations.) 275 

agent   to  furnish  secretary   with 

list  of  stockholders 103 

tax  on,  how  paid 102 

how  distributed 1 03 

land  taken  by  consent  only 276 

of  infants  and  wards 276 

may  be  holden  by 276 

crossing  places  guarded 276 

duty  as  to  fences 276 

damage  by  fire  or  steam 277 

may  insure  against 277 

contracts  with  other  roads 277 

number  of  directors,  limited 288 


RAILROAD  CORPORATIONS. 

placing  obstructions  on,  penalty  .435 

removing  rails 435 

removing  rails,  attempt  punished  437 

RAMS  running  at  large,  forbidden 241 

RAPE,  punishment  of 434 

attempt  to   commit 447 

assault  with  intent  to  commit...  434 

REAL    ACTIONS.    (See   Actions— 

Abatement.)  limitation  of 360 

writ  in,  form  of 362 

justice  not  to  try 346 

view,  when  granted 378 

administrator  may  prosecute 320 

may  review.  .  .320,  321 

REAL  ESTATE,  meaning  of 45 

sale  of,  for  taxes Ill,  113 

estates  in,  created 242 

conveyance  of 243 

mortgage   of 245 

attachment  of 363 

levy  on,  on  execution 393 

RECEIVING  stolen  goods,  penalty  .437 
judgment  for  value 437 

RECOGNIZANCES  on  violation  of 

law  as  to  licensed  houses 228 

Sunday 228 

religious  meetings 229 

idle  and  disorderly  persons.. 226 

hawkers  and  pedlcrs 339 

landlord  and  tenant 425 

taken  in  name  of  the  State 431 

if  forfeited,  allowance   to  com- 
plainant made 430 

suit  on,  where  to  be  brought 431 

proceedings  if  forfeited 451 

remitted  by  court,  when 462 

RECORDS,  town  clerk  to  keep 96 

proprietary 279,  280 

of  corporations,  open 288 

false  making,  penalty 443 

fees  for 471 

of  transfers  of  shares 287 

justices,  when  filed 347 

notaries,  when  filed 68 

amendment  of 91,  376 

of  oaths  of  town  officers 98 

of  marriages 292 

of  births  and  deaths 239 

of  personal  mortgages 249 

of  mechanics'  contracts 250 

of  notice  of  strays 260 

of  police  regulations 224 

of  fireward  regulations 216 


INDEX. 


543 


RECORDS. 

of  redemption  of  land     sold    for 

taxes Ill,  113 

of  mortgaged  real  estate 24G 

personal  estate 249 

of  land  set  off  on  execution 394 

of  equity  sold  on  execution 395 

REFERENCE  OF  DISPUTES  ...  .4:6 

agreement  to  refer,  form 426 

what  may  be  submitted 426 

submission,  mode  of 427 

not  to  be  revoked .. .427 

hearing  and  report 427 

judgment  on  report 427 

costs  and  fees 428 

before  justice  when  final 428 

before  judge  of  probate 324 

REGIMENT.     See  Militia. 

REGISTER  OF    DEEDS,   choice 

of 35,77 

oath  and  bond  of 35 

districts  for  choice 35 

to  distribute   blanks 64 

duties  of 79 

bond  and  suits  thereon 79 

neglect  of,  penalty 79 

fees  of 473 

removal  of 77 

vacancy,  how  filled 77 

REGISTERS  OF  PROBATE.     See 
Officers. 

appointment  of 31 

not  to  be  of  counsel 37 

office,  where  kept 307 

fire  proof  safe  provided 307 

appraiser,  not  to  be 307 

commissioner,  not  to  be 307 

salary    of 468 

to  be  in  full,  how  far 307 

fees  of 307 

receipt  for,  given 307 

wills,  &c.,  to  be  recorded 307 

blanks  for,  furnished 308 

to  adjourn   court,  when 308 

RELATIONS.     See  Paupers. 

RELIEF     OF   POOR    DEBTORS. 
See  Debtors. 

RELIGIOUS  FREEDOM    guaran- 
tied   11,  12,  18 

RELIGIOUS  SOCIETIES  formed.. 281 

by-laws,  how  framed 281 

powers  and  rights  of 281 

property,  held   by 281,  283 

income  limited 281,283 


RELIGIOUS  SOCIETIES. 

assessments,  how  made 282 

members,  who  are 281,  282 

RELIGIOUS     MEETINGS,   rude- 
ness in 228 

disturbance  of,  penalty 229 

arrest  of  offenders 230 

prosecution  limited 230 

REMAINDER  MAN,  road  damages.  120 

estate  of,  how  barred 242 

REMOVAL  of  officers 32,  36,  70 

RENTS  AND  PROFITS  on  mort- 
gage   246 

levy  on,  how  made 394 

purchaser  liable  for 395 

right  of  dower  in 329,  412 

of   mills,  lien   on,  for  repairs 253 

REPAIRS  of  mills.  (See  Mills.) . . .  .251 
of  highways.  (See  Highways.)  .  .126 
of  buildings.     (See  Firewards).  .217 

by  tenant   in  dower 329 

REPEAL,  effect  in  civil  cases. .  ..45,  475 

criminal  cases  46,  475 

not  to  revive  acts  repealed. . .  .46,  476 

under  Revised  Statutes 475,  476 

when    to    take 

effect 475 

REPLEVIN,  writ   of,  form 3G3 

of  cattle  impounded 411 

of  property  attached  on  writ. . .  .41 1 

exempted 411 

property  may  still  be    attached ..  370 

bond  to  be  executed,  how 411 

for  whose  benefit 371 

action  on,  where  brought 411 

officer,  powers  of 411 

REPRESENTATIVES    to   general 

court 24 

ratio  of 24 

for  classed  towns 25 

in  special   cases 25 

qualifications  of 2.5 

how  and  when  chosen 25 

vacancies,  how   filled 25 

who  are  not  eligible 39,  40 

election  in  towns  not  classed 89 

classed  towns 90 

meeting,  when  holden 69,  90 

adjournment  of. 89 

towns  authorized  to  send 24,  89 

classed,  list  of 91 

certificate  of  election 89 

e.xempt  from  arrest 26 

military  duty 156 


544 


INDEX. 


REPRESENTATIVES  in  congress, 

clioice  of 2 

how  apportioned 3 

power   of. 3 

exonpt  from  arrest 4 

meetings  for  choice  of 86 

choice,  how  made 66 

second    trial,  how  made 86 

third  trial,  how  made 87 

vacancies,  how   filled 87 

certificate  of  election 86 

REPUBLICAN      GOVERNMENT 

guarantied 11 

RESCUE  of  prisoner 441,  442 

from  police  officer 222 

of  cattle  impounded 258 

RESISTING  officer,  penalty .,  .441,  442 

police  ofl&cer 222 

RESOLVES  to  be  approved 31 

form  of 47 

RESPONDENTIA    BONDS 248 

RETAILERS.  (See     Licensed 

houses.) 227 

RETROSPECTIVE  LAWS  forbid- 
den  21 

RETURN     of    votes   for   governor, 

counsellors  and  senators 85 

of  votes   for  representatives   in 

congress 86 

of  votes  for  electors 88 

neglect,    penalty 86,  87,  88 

making  false,  penalty 443 

secretary  to  certify  neglect 91 

REVIEW 386 

Jlction  of,  against  insolvent  estate . .  320 

administrator  may  bring 321 

not  allowed  on  appeal  from  com- 
missioner of  insolvency 326 

nor  in  suit  on  probate  bond 337 

if  defendant  had  no  actual  notice 

before  justice .375 

where  issue  of  fact  joined 386 

in  special  cases 3S6 

where  returnable 386 

execution  not  stayed  by 387 

except  on  motion 387 

Costs,  allowance 387 

of  review,  only   allowed 387 

Evidence,    new,  introduced 387 

papers  used  on  first  trial 387 

Grant  of,  by  superior  court 386 

terms  may  be   imposed 386 

Judgment,  how  to  be  rendered 387 

for  costs,  how  rendered 387 


REVIEW. 

Petition  for,  how  presented 386 

limitation  of 386 

Pleadings,  original,  trial  on..  .375,  386 
Trial  to  be  on  original  pleadings. .  .386 

where  to  be  had 386 

copies  of  papers  produced 386 

as  if  no  judgment  rendered 387 

ffrit  of,  when    granted 386 

service   of 365 

REVERSION  of  dower,  sale  of 327 

partition  of 334 

REVISED  STATUTES,  cited,  how  475 

when   to  take  effect 475 

repeal  of  acts   by,  effect. .  .  .475,  476 

REVISION  of  constitution 40 

REVERSIONER,  road   damages ....  120 
REVOCATION  of  wills.     See  Will. 

RIDING  FAST,  forbidden 222 

RIGHTS,  bill  of 17 

under  U.  S  constitution 12 

not  granted  to  U.  S 13 

natural,  of  men 17,  18 

of  conscience 17 

of  petition 12,  21 

of  altering  government 19 

protection   of 19 

in  equity.     See   Mortgage. 

RIOTS,  punishment  of 444 

proclamation,  how  made 444 

RIVER,  highways  over 119 

timber  floating  on 259 

Connecticut,  west  line  of  State..  100 
ROADS.     See  Highways. 

includes    bridges 45 

law  of 134 

ROBBERY,  punishment  of 434 

assault,  with  intent  to  commit 434 

attempt  to  commit 447 

ROCKINGHAM  COUNTY, bounds.  .71 

ROCK   WEED,  provisions  for 238 

ROGUES,  punishment   of 224 

RULES    for  construing  statutes 46 

of  discipline.     See   Militia. 

for  practice  in  courts 341 

SAID,  meaning  of,  in    statutes 45 

SALARIES 467—470 

SALE    OF  MERCHANDISE 187 

beef  and    pork 189 

beef  cattle  for  market 194 

butter  and  lard 195 

lumber,  hoops,  i&c 210 

hay,  leather,  cord  wood 210 


INDEX. 


545 


JSALE  OF  MERCHANDISE. 

oats,  potatoes  and  bread 212 

real  estate  by  guardians 300,  301 

by  administrators 327,  328 

of  land,  contract  to  be  in  writ- 
ing   358 

of  personal     estate,    on    execu- 
tion   390 

of  equities  and  terms 394 

by  trustees i . . .  335 

SCHOOLS 143 

Apportionment  of  school  money ....  148 

neglect  of,  penalty 148 

of  literary  fund 154 

Assessment  on  district  divided 144 

when  districts   united 144 

if  district   neglect 147 

of  school  house  tax 148 

Books,  class,  determined,  how 151 

not  to  be  sectarian  or  political. .  .151 

poor  children  provided 151 

exempt  from  attachment 367 

Clerk  of  district,  choice  of 145 

to  be  sworn,  how 146 

duties   of 146 

vacancy,  how  filled 146 

Districts  to  be   formed 144 

division,  how  made 144 

penalty  for  not  districting 144 

union  of,  how  effected 144 

property  of,  divided,  when 144 

meetings   of,  holden 145 

are  corporations 145 

officers  of,  who  are 145 

powers  and  rights  of 145 

execution  against 145 

Houses,  erection  and  repair  of. 147 

location  of,  determined 147 

lot  for,  laid  out 147 

school  to  be  kept  in 149 

Literary  fund 154 

Meetings  of  district,  how  holden. . .  145 
special,  how  warned 145 

Penalty  for  not  dividing   town  into 

districts 144 

for  not  apportioning  money 148 

assessing  money 148 

expending  legplly 149 

Portsmouth  excepted,  in  part 149 

schools  in,  provisions 152 

Prudential   committee,  choice 145 

vacancies,  how    filled 146 

may  be    dismissed,  when 146 

duties   of 146 

69 


SCHOOLS. 

Railroad  tax  to  be  apportioned 103 

Scholars,  where   may  attend 150 

may  be  classified,  v\'hen 150 

Selectmen  to  district  town,  when ....  144 

penalty  for  neglect 144 

to  appraise  property,  when 144 

to  assess  tax,  on   neglect 147 

to  lay  out  school  house  lot 147 

to  determine   location 147 

to  assess  school  money 148 

to  apportion  money 148 

to  assess  school  taxes 103 

to  appoint  superintending   com- 
mittee, if  none  chosen 149 

Superintending  committee,  choice . . .  149^ 

selectmen  to  appoint,  when 149 

to  examine  teachers 149 

to  dismiss  teachers 150 

scholars 150 

to  examine  schools 150 

to  direct  class  books 151 

to  make  report  annually 151 

compensation  of 151 

Tax  on    division  of  district 144 

on  union  of  districts 144 

meeting  for,  how  warned J  45 

school  house,  how  raised 147 

assessed 148 

school,  how  assessed 148 

town  may  increase 148 

collection  of 108 

Teachers  to  be  examined 149 

may  be  dismissed 150 

qualifications  of. 150 

wages,  when  and  how  paid 150 

to  inculcate  virtues 151 

Voters  in  district,  who  are 145 

SCIRE    FACIAS    against   adminis- 
trator   321 

on  judgment  of  justice 358 

against  endorser  of  writ. . .  .855,  365 

form  of. 364 

service    of 365 

on  bond  given  for  return  of  pro- 
perty attached,  when 371 

on  replevin  bond,  when 371 

on  judgment  on  bond 384 

against  bail 402,  403 

SEAL,  great,  on  commissions 38 

of  writs 38 

meaning  of,  in  statutes 44 

of  State,  description   of 64 

on  certificates  of  election ?6 


546 


INDEX. 


SEALERS   OF   WEIGHTS    AND 
MEASURES,    town,    choice 

of 97 

oath  of  office  of 97 

neglect  to  serve,  penalty 98 

vacancy ,  how  filled 99 

SEARCH    WARRANTS   regulat- 
ed  12,20 

in  the  day  time,  issue  of 449 

in  the  night  time,  issue  of 450 

SEA  WEED,  provisions 237,238 

SECRETARY  OF  STATE,  choice 

of 33 

salary    of 4G7 

fees   of 474 

duties   of 35 

to  give  bond 35 

deputy  appointed 35 

to  furnish  acts  to  public  printer. .  .47 

to  distribute  statutes 48 

to   publish  in  papers 48 

to  distribute  U.  S.  laws 48 

to  keep  seal  of  State 64 

to  distribute  blanks 64 

to  arrange  papers 64 

to  give  copies 64 

to  subscribe  for  N.  H.  Reports 64 

literary  fund,  duties 154 

on  neglect  to  return  votes 91 

SEIZIN,  writ  of     See  Writs. 
SELECTMEN,    choice    and    duties 

of 96 

Abatement  of  taxes 105,  109 

of  nuisances 230,  231 

Appointment  hij,  of  treasurer 100 

in  case  of  vacancies 99 

of  town  clerk,  forthwith 99 

agent  to  perambulate 100 

weighers  of  beef 194 

vaccinating  agent 232 

Check  list,  to  post  up 82 

to  lodge  with  town  clerk 82 

meetings  for  correction  of 83 

to  be  used  in  voting 83 

Choice  of 96 

Classed  towns,  duties  in 90 

Duties  in  special  cases. 

appointment  of  enginemen 217 

police  officers  . .  .223 
agent  to  peram- 
bulate  100 

weighers  of  beef.  194 

as  to  licensed  houses 227 

firewards 218 


SELECTMEN. 

Duties  as  to  nuisances 232 

police  regulations 224 

religious  meetings 228 

small   pox,  &c 232 

shows,  &c 239 

mills 252 

drawing  jurors 348 

paying  debt  of  town 397 

Elections,  duties  concerning 82 

list  of  voters 83 

ratable  polls 84 

fraud  in,  penalty 85 

Enginemen,  to  appoint 217 

Ezte?its  by,  when  issued 1 17 

against,  when  issued 116 

remedy  against  collector 1 17 

town 118 

Firewards  to  furnish    money  to  . . .  .218 

List  of  polls  to  he  made 84 

Majority  may  act,  when 45,  94,  96 

Meetings  on  choice  of  governor 85 

counsellors  and    senators 86 

representatives  in  congress 87 

to  general  court . .  .89 

county  officers 76 

town  officers 94 

warning  of 94 

government  of 95 

who  is  to  preside  in 95 

Militia.     See  Militia. 

Oath  of  office,  of 97,  98 

selectmen  to  administer 97,  98 

Paupers.     See  Paupers. 

Penalties  for  fraud  in  elections 85 

for  neglect  in  classed  towns 91 

to  warn  town  meeting. 91 

remitted  by  selectmen 224,  430 

Police  regulations,  to  approve 224 

penalties  remitted  how 224 

Perambulation  of  lines 100 

in  unincorporated  places 101 

Selectmen,  meaning  of  word 45 

Taxes.     See  Taxes. 

railroad,  appropriated 103 

Toicn  officers  to  act  as,  when 97 

Warrant  for  town  meetings 94 

service  of 94 

neglect  to  issue,  penalty 95 

Vacancies  in  town  offices,  to  fill 99 

Voters,  list  of,  to  be  made 82 

corrected 83 

in  classed  towns 90 

Votes,  to  assist  in  counting 84 


INDEX. 


547 


SENATE,  constitutional  power 26 

districts  for  choice 27 

judges  of  elections 28 

SENATORIAL  DISTRICTS  ...74,75 

SENATORS,  qualifications  of. 27 

by  whom  chosen 27 

choice  of 28 

vacancies  filled 2S 

eligibility  of. 39, 40 

SENATE  U.  S.  constituted 3 

qualification  of  senators 3 

powers  of 4 

impeachment  by  .  • 4 

election  of  members 4 

SERVANTS.     See  Masters. 

SERVICE  of  mesne  process 365,  366 

scire  facias,  or  review 365,  366 

summons  on  attachment 365 

writ  of  summons 365 

defendant  not  inhabitant...  366,  375 

on  corporations 366 

town  or  county 366 

SET-OFF  of  mutual  debts 377,  378 

notice  on  plea  of 378 

judgment  on,  rendered 378 

of  existing  debt  only 378 

of  executions 390 

SETTLEMENT.     See  Paupers. 

SHAKERS,  military  duty  of 156 

SHARES.     See  Corporations. 

SHEEP,  marks  and  brands  of 241 

rams  running  at  large 241 

taxation  of 102 

SHELL  FISH,  packing  of 203 

SHERIFFS  AND  DEPUTIES  352— 356 

Jictions  on  sheriff's  bond 355 

judgment  in,  rendered 354 

costs  on,  allowed 355 

against  officer  to  be  case 359 

body  not  liable  on 372 

■Appointment  of 31 

certificate  of  age  given 69 

'Bond  to  be  given,  how 352 

until  given,  not  qualified 353 

sufficiency  of,  examined 353 

new,  required,  when 353 

what  is  a  breach  of 354 

action  on,  how  brought 355 

Deputies,  appointment  of 353 

oath  and  bond 353 

removal  of 353 

special,  appointed 353 

deputation  recorded 353 

in  case  of  vacancy 354 


SHERIFFS  AND  DEPUTIES. 

Deputies,  defaults  and  misdoings  of.  3.54 

not  to  be  attorneys 356 

not  to  make  writ 356 

to  render  account 356 

Duties  in  serving  venires 349 

neglect  of,  penalty 349 

to  serve  all  process 353 

to  act  as  crier  of  court 353 

to  pay  over  money  received 355 

to  render  account  of  services. . .  .355 

not  to  act  as  attorney 356 

to  render  account  of  fees 356 

service  of  mesne  process. . .  .365, 366 

arrests  and  bail 372,  373 

'  Execution  against,  how  to  issue  ..,354 

copy  filed  with  secretary. .  „ 354 

body  not  liable  on   372 

Fees,  account  of,  rendered 356 

salary  retained  out  of .356 

for  personal  services 356 

what  are  allowed 472 

to  be  endorsed  on  process 473 

for  return  of  votes 92 

Jailer,  appointment  of , 461 

jail  to  be  kept  by 461 

if  no  sheriff",  duty 355 

Office  holden  for  five  years 69 

not  holden  after  70  years 69 

certificate  of  age  filed 69 

oath  of,  form 09 

removal  from,  by  address 70 

for  not  giving  bond 353 

not  renewing  bond 353 

not  paying  execution 354 

not  paying  money 352 

Penalty  for  not  giving  bond 353 

not  serving  process 353 

not  paying  execution 354 

not  aiding  officer 354 

Poicers  to  adjourn  courts 344 

to  preserve  the  peace S54 

to  serve  process 353 

in  vacancy  of  office 354 

Pi'isoners,  hy  whom  kept 4S1 

if  no  sheriff",  how  kept 354 

how  supported 461 

defrauding,  penalty 462 

escape  of,  liable  for 462 

Removal  for  not  renewing  bond. . .  .353 

not  satisfying  execution 354 

not  paying  over  fines 355 

holding  after  70  years 36, 69 

of  deputies 353 


548 


INDEX. 


SHERIFFS  AND  DEPUTIES. 

Removal  by  address 70 

Return  of  votes  for  governor,  coun- 
sellors and  senators 86 

of  votes   for   representatives   in 

Congress • B7 

of  votes  for   electors  of  president. 88 

fees  of  sheriff  for 92 

of  sale  of  property  on  writ 370 

of  arrest  and  bail,  how  made . . .  .373 

Salary  of 469 

retained  out  of  fees 356 

SHINGLES,  survey  of 208 

SHOWS,  license  for 239 

SIGN  BOARDS  regulated  by  police. 224 

injury  to,  punished 221 

SINGULAR  includes  plural 44 

SLANDER,  limitation  of  suit 360 

SLAUGHTER  HOUSES,  when  nui- 
sances   231 

SMALL  POX,  duties  as  to 232 

inoculation  for,  forbidden 232 

pest  houses  provided 233 

SOLDIERS,  quartering  of 12,  21 

SOLICITORS,  appointment  of  ..  .31,  66 

salary  of 468 

duties  of 66 

to  give  bond 67 

suits  on  bond 67 

to  render  account 67 

to  prosecute  for  neglect  to  return 

votes 91 

SOLITARY  IMPRISONMENT.... 458 

SPEECH,  freedom  of 12,  21 

SPENDTHRIFTS,  guardianship  of.  .299 

liquor  sold   to,  penalty 222 

SPIRITUOUS  LIQUOR,  sale  to  pau- 
per   222 

sale  at  religious  meetings .229 

STANDARD  weights  and  measures. 213 

STATE,  western  boundary  of 100 

includes  territory 44 

powers  limited 7 

new,  how  formed 10 

offences   against 432 

suits  against,  regulated 13 

STATE  HOUSE,  keeper  of .50 

repairs  of,  made 51 

yard,  fireworks  in 51 

STATE    LANDS.      (See   Lands, 

Public 53 

STATE  LIBRARY.     (See  Library, 

State 51 

STATE  PRISON 463—466 


STATE  PRISON. 

.Accounts  kept  and  rendered 464 

vouchers  deposited 465 

Jilteratio7is,  how  made 464 

Contracts,  how  made 464 

warden  not  to  be  interested 464 

Convicts,  how  committed 465 

assaults  by,  punished 465 

rewards  and  punishments 466 

clothes  furnished  to 466 

in  custody  on  civil   process 466 

of  United  States 465 

Governor  and  council,  powers  of. .  .464 

Guard,  military,  provided 464 

warden  to  command 464 

Officers,  how  appointed 464 

duties,  how  prescribed 464 

Punisluncnt  for  assault 465 

allowed  and  regulated 466 

for  assault  on  officers 465 

Regulations,  how  made 464 

Report  io  legislature  made 1465 

Solitary  imprisonment  allowed 466 

Visitors,  board  of,  who  are 465 

duties  of  board 46-5 

Warden,  how  chosen 463 

salary  of 468 

to  give  bond  to  the  State 463 

vacancy,  how  filled 464 

duties  and  powers  of 464 

deputy  to  be  appointed 465 

assault  on,  penalty 465 

liable  for  escape,  when 465 

to  receive  U.  S.  convicts 465 

to  order  rewards  and  punishments  466 

to  furnish  clothes,  &lc 466 

to  detain    convict,  if  in  custody 

on  civil  process 466 

execution  against,  levied 466 

removal  of,  if  not  paid 466 

STATE  TAX,  apportionment 57 

warrant  for  collection 63 

delinquencies  in 63 

extents  for 63 

STATUTES,  enacting  style  of 39 

construction  of 44 

publication   of 47,  48 

distribution  of 47 

present  at  town  meeting 84 

repealed,  list  of 476—497 

repeal  not  revived  by 46,  476 

revised,  how  cited 475 

construction  of 475,  476 

originals,  where  kept 64 


INDEX. 


549 


STAVES.     See  Lumber. 

cullers  of,  chosen 97 

STEALING.     See  Larcext. 

STEELYARDS  to  be  feealed. .  ..213,214 

STOCK   in  public  funds  taxed 102 

in  corporations  taxed  .  .101,  104,  107 

in  trade   taxed 102,  104 

neat,  taxed 102,  104 

rail  road,  tax  on,  distributed 103 

STOCKHOLDERS.     See  Corpora- 
tions. 

STOLEN  GOODS,  receivers  of.... 437 

STRAFFORD  COUNTY,  bounds  ...71 

STRAY  BEASTS  and  lost  goods... 260 

finder  to  give  notice 260 

appraisers  appointed 260 

oath   and  duty  of 261 

expenses  adjusted 261 

neglect,  penalties •  .261 

not  taken  up,  when 261 

fees  and  costs 261 

STUDENTS,  right  of  suffrage 82 

taxation  of 104 

not  liable  to  military  duty 157 

SUBMISSIONS  before  justice  .426—428 

SUBORNATION  of  perjury. 441 

attempt  to   procure 447 

SUBPCENA  for  witnesses 379 

SUFFRAGE.     See  Elections. 

SUITS.     See  Actions. 

SULLIVAN  COUNTY,  bounds 72 

SUMMONS,  form  of  writ  of 363 

on  attachment,  form 362 

service  of 365 

on  original  writ 361 

service  of 365 

for  witnesses,  form 379 

by   whom  issued.. 379 
for  jury,  by  coroner 454 

SUNDAY,  work  on,  forbidden 228 

behaving  rudely,  penalty 223 

disturbing  meetings 229 

penalties  recovered 228,  229 

SUPERIOR  COURT.     See  Courts, 
Superior. 

SURGEONS  to  grant  certificates 163 

exempt  from  military  duty 156 

SURETIES  to  keep  the  peace 449 

on  appeal   from  justice 448 

for  assault  and  battery 443 

on  police  offences 226 

for  disturbing  meetings 229 

on  prison  bonds 398 

on  administration  bonds 315 


SURVEYORS  of  highways,  choice  ..97 

to  be  sworn 97 

neglect  to  be  sworn,  penalty 98 

vacancy  filled 99 

duties  of 127,  128 

liable  for  damages 130 

SURVEYORS  of  lumber,  choice  ....97 

to  be  sworn 97 

neglect  to  take  oath,  penalty 98 

vacancy  filled 99 

SWEARING,  Profane,  penalty 445 

ceremony,  what  is 69,  380 

affirmation  instead  of 38,  45 

SWORN  includes  affirmed 45 

TALESMEN,  return  of 350 

TAVERNER.      (See    Licensed 

houses.) 227 

TAXES,  when  lawfully  levied 21 

are  privileged  debts 324 

TAXES,    ASSESSMENT    AND 

COLLECTION 101 

■Abatement  by  selectmen 105,  109 

court 109 

Animals,  taxation  of 102,  104,  108 

Appraisal  of  property,  liow  made..  107 
if  property  owned  in  severalty  ..107 
deduction,  when  made  ....  .107,  108 

Jlrrestfor,  proceedings 110 

of  non-residents Ill 

fees  for Ill 

Assessmc7it  made  on  invoice 108 

mode  of  making 108 

what  included  in  one 108 

record  to  be  made 108 

on  all  residents,  April  1 105 

by  state  treasurer,  when 115 

county  treasurer,  when 115 

to  pay  execution 397 

Assessors,  duty  of 97 

Carriages,  when  taxed 102 

Collection  of 109,  112,  115 

residents,  notice  to 110 

by  distress 110 

by  arrest 110 

sale  of  real  estate Ill 

tax  on  personal  property Ill 

non-residents,  list  made 112 

list  lodged  at  Concord 112 

removing  from  town Ill 

Collector.     See  Collector. 

powers  and  duties  of 110 — 114 

liability  limited Ill 

Common  fields,  when  raised 256 


550 


I.NDEX. 


TAXES. 

Corporations,  when  taxed 102 

where  to  be  taxed 104 

stock   in,  when  taxed 102 

where  taxed 104 

notice  given  to 1  ]  0 

distress  on Ill 

officers  to  give  invoice 106 

County,  how  granted 80 

how  assessed 108 

how  collected 80 

Dce<i  of  land  sold   for Ill,  114 

Discount  voted  by  town Ill 

Distress  for,  of  residents 110 

of  non-residents Ill 

property  exempt  from 110 

of  corporate  property Ill 

fees  on Ill 

Doomage,  when  set  down 106 

Extents.    See  Extents. 

Fraudulent  omission,  penalty lOG 

Highways.     See  Highways. 

Insane,  deduction  made 102,  108 

Invoice  taken  annually 106 

mode  of  taking 106 

duty  of  inhabitants 106 

corporations 106 

form  of  making  out 107 

recorded  by  selectmen 108 

town  clerk 109 

open  to  inspection 109 

List  of,  to  be  made 109 

of  non-resident,  lodged 112 

vphen  furnished  collector 112 

JYon-resident,  when  taxed  as 104 

property  of,  exempted,  when  . . .  .108 

liability  on  removal Ill 

collection  of 112 

property  of,  advertised 113 

time  and  mode  of  sale 113 

redemption  after  sale 113 

JVoticc  of,  to  inhabitants 110 

to  corporations 110 

Money,  when  and  where  taxed.  102,  104 

Payment,  time  limited  by  town... Ill 
notice  of,  given 110,  111 

Polls  liable  t')  taxation 102 

exempted,  when 102 

where  to  be  taxed 103 

valuation  of 1 08 

Property  liable  to  taxation 102 

where  to  be  taxed 104 

corporations 1 04 

of  deceased  persons 104 


TAXES. 

Property  liable,  of  legatee,  ward  or 

trustee 104 

animals  and  stock  in  trade 104 

stock  in  corporations 104 

not  given  in,  penalty 106,107 

of  insane,  how  taxed 108 

Proprietary.  See  Proprietors,  &c. 

Railroads,  how  taxed 102 

tax,  how  distributed 103 

Real  estate,  what  is  deemed ....  102, 115 
where  to  be  taxed 1 04 

Residents,  property  taxed  to 104 

taxes  of,  how  collected 110,  HI 

Sale  of  personal  property 110 

of  real  estate  of  residents Ill 

non-residents 113 

of  personal  estate Ill 

of  property  of  corporations Ill 

of  franchise Ill 

redemption  after  sale 113 

School.     See  Schools. 

School  house.     See  Schools. 

Selectmen  to  assess  residents 105 

to  tax  what  property 102 

to  tax  property,  where 104 

to  whom 104 

to  take   invoice  annually 106 

to  appraise  property 107 

to  make  deduction 108 

to  assess  taxes,  how 108 

5  per  cent,  extra 108 

to  record  invoice 108 

assessment 108 

to  lodge  copy  with  town  clerk.  .  .109 

to  return  name  of  collector 109 

to  make  warrant  to  collect 109 

to  issue  extent,  when 117 

Sheriff,  collection  by 115 

State,  proportion  of 57 

collection  of 63 

Stock  in  trade,  what  is  deemed  to  be .  102 

when  and  where  taxed 102,  104 

neat,  how  taxed 102,  104 

Stocks,  when  liable  to  tax 102 

where  to  be  taxed 104 

how  to  be  valued 108 

Students,  when  liable 104 

Stud  horse,  taxation  of 105 

Taxation,  when  liable  to 102 

place  of 103,  104,  105 

mode  of 108 

Town,  how  raised 93 

Unincorporated  places,  in 101 


INDEX. 


551 


TAXES. 

Warrant  issued  to  collector 109 

powers,  in  execution  of 110 

TENANCY  AT  WILL,  what  is  ....424 

TENANTS.     See  Landlord. 

joint,  who  are 242 

in  common,  who  are 242 

in  fee  tail,  may  convey 242 

in  common,  actions  between  . . .  .358 

road  damages  of 120 

repair  of  mills,  duty 252 

TENDER  on  land  sold  for  taxes  111,  113 
to  be  in  gold  or  silver 7 

TENDER  LAWS  forbidden 7 

TENURE  OF  OFFICE  of  judges. . .  .22 

expressed  in  commission 36 

of  justices 36 

not  after  70  years 36 

for  term  of  5  years,  when 69 

of  town  officers 97 

effect  of  Revised  Statutes 476 

TERMS  of  superior  court 341 

of  court  of  common  pleas 343 

of  probate  courts 308 

TERMS,  levies  on,  how  made 396 

TERRITORY  included  in  State  and 

United  States 44 

TEST,  Religious,  forbidden 12 

TESTATE  ESTATE.     See  Wills. 

TESTE  OF  WRITS.     See  Writ. 

THEFT.     See  Larcenv. 

TIMBER,  Floating 259 

Improved  land,  timber  on 259 

detention   of 259 

to  be  advertised 259 

damages  appraised 259 

payment  or  tender  of 259 

forfeiture  of 259 

Penalty  for  stopping  timber 259 

cutting  out  mark 2.^9 

fraudulent  taking 260 

non-payment  of  damages 259 

Unimproved  land,  timber  on 259 

detained  till  damage  paid 259 

removal,  penalty 2;" 8 

TIMBER,  taxation  of 102,  107 

sale  of,  for  tax Ill 

sale  of,  by  license 327 

TIME,  computation  of 45 

of  neglect,  on  penal  statutes  . . .  .429 

TITLE.     See  Descent. 

plea  of,  before  justice 346 

TOLL,  franchise  of,  attached 369 

how  sold  on  execution 391 


TOLL  BRIDGES.     See  Bridges. 

TOLLS  for  grinding  grain  fixed 253 

illegal,  penalty  for 253 

TOOLS  of  trade  not  attachable 367 

exempt  from  distress 110 

TOWNS  are  corporations 93 

parishes,  powers  of 93 

may  hold  property 93 

by-laws  made  for 93 

meetings,  when  holden 94 

how  warned 94 

officers  of,  chosen £6 

treasurer  of.     (See    Treasurer.) ..  .97 

lines  of,  perambulated 100 

liable  to  extents 116 

remedy  on  extents 116 

literary  fund,  rights 154 

small  pox,  ttc 232 

to  provide  pounds 258 

proprietary  records  in 279,  280 

service  of  writ,  on 366 

execution  against, levy. 397 

liable  for  injury  by  roads 130 

entitled  to  N.  H.  Reports 65 

to  statutes 48 

to  journals 49 

TOWN  CLERKS,  choice  of 96 

appointed  by  selectmen 100 

in  classed  towns 90 

to  check  names  of  voters 83 

to  sort  and  count  votes 84 

to  return  votes 77,  85,  86,  88, 89 

neglect,  penalty  . .  .77,  86,  87,  88,  91 
return,  &c.,  incorrect,  amended  ..91 

to  have  statutes  at  meeting 84 

to  preside  in  meeting 95 

to  administer  oath  to  town  officers  97 
to  notify  town  officers  chosen  ...  .98 
to  record  oaths  of  town  officers  . .  .98 

births  and  deaths 239 

personal  mortgages.  ..  .249 

contracts 250 

notice  of  strays,  &C...260 

transfer  of  shares 287 

marriages 292 

to  give  copy  of  proprietary  records  280 

in  drawing  of  jurors 348,  349 

penalty  for  neglect 349 

making  false  record,  penalty   . . .  .443 
return,    penalty ...  .443 

fees,  what,  allowed 473 

for  copies 471 

TOWN  MEETINGS 26,94,95,96 

when  holden 94 


552 


INDEX. 


TOWN  MEETINGS. 

how  warned * .  94 

justice  may  warn 95 

government  of 95 

disorderly  conduct  in 96 

who  presides  in 95 

statutes  to  be  present  at 84 

moderator  of.     See  Moderator. 

TOWN  OFFICERS,  choice  of 96 

to  be  sworn  always ;97 

oath  of  office,  form 97 

oaths  to  be  recorded 98 

neglect  to  serve,  penalty 98 

exempt  from   serving,  when 98 

tenure  of  office  of 97 

vacancy,  how  filled 99 

to  be  notified  of  choice 97,  98 

TRAVELLERS  to  turn  to  the  right.  134 
injury  to,  by  defect  of  road 130 

TREASON  against  U.  S 10 

against  the  State 432 

misprision  of 433 

indictment  within  two  years 433 

TREASURER,  County,  choice. .  .35,  77 

salary  of 469 

to  be  sworn 77 

vacancy,  removal  of,  how  filled. .  .77 

to  give  bond 78 

suit  on  bond  of 78 

duties  of 78 

statement  of  account 78 

money,  how  paid  by 78 

to  pay  execution   against  coun- 
ty  76,80 

extents  issued  by 117 

to  sell  county  property 76 

exclusion  from  office 77 

TREASURER,  State,  choice 35,65 

salary  of. 467 

bond  of 65 

suit  on  bond  of 66 

to  keep  accounts 65 

to  pay  moneys 65 

how  removed 65 

vacancy,  how  filled 66 

duty  as  to  literary  fund 154 

to  pay  salaries,  &.c 469,  470 

extents  issued  by 117 

warrant  for  state  tax 63 

TREASURER,  Town,  choice  of 97 

selectmen  to  be,  when 97 

extents,  issued  by 117 

TREATIES  are  the  supreme  law 11 

states  shall  not  make 7 


TREES,  injury  to,  punished 221 

timber  in  rivers,  &c 260 

TRESPASSES 416,  417 

on  wood  lots  . .    416 

altering  marks  on  logs 416 

leaving  open  gates,   &.c 416 

carrying  away  earth 41G 

mode  of  proceeding  thereon 417 

on  public  lands 417 

no  title  gained  by 417 

cutting  timber  trees 417 

limitation  of  action 417 

plea  of  title  before  justice 34G 

TRIALS  in  criminal  cases,  where  . . .  .20 
TRUSTEE  PROCESS,  form.. 417— 423 

Action,  where  to  be  brought 418 

in  what  cases  will  lie 418 

against  corporation 421 

before  justice  of  the  peace 423 

Corporation  liable  as  trustee 421 

disclosure  of,  how  made 421 

Costs,  when  and  how  allowed  .422,  423 

in  case  of  fraud  of  trustee 422 

fees  of  trustee 423 

Defendant,  service  on,  how  made.. 4 18 
notified  before  justice 422 

Discharge  of  trustee  on  payment  ..423 
good  against  defendant 423 

Disclosure,  how  made 418 

liability  on,  settled 419,  420 

not  evidence,  when 420 

of  corporation,  hovv^  made 421 

by  administrator 421 

commissioner,  appointed 421 

if  trustee  leaving  State 421 

of  title  to  real  estate 422 

Evidence  of  claim  of  third  person  .  .421 
disclosure  is  not,  when 420 

Judgment,  how  rendered 422 

foi;  costs,  rendered 423 

against  several  defendants 423 

execution  on,  issued 423 

Justice   may    take    disclosure    of 

trustee  leaving  State 421 

trustee,  action  before 423 

proceedings  on 423 

Mortgage,  property  under,  liable. .  .420 

JVotcs  liable  to  process 419 

JYotice  to  defendant 420 

to  endorser 420 

Receiver  appointed 420 

Service  of,  how  made 418 

on  defendant,  how  made. 418 

in  justice  suits 423 


INDEX. 


553 


TRUSTEE  PROCESS. 

Trial  by  jury,  by  request 419 

issue,  how  framed 421, 422 

Trustee,  service  of  writ,  upon 418 

new  names  inserted,  how 418 

not  attending,  liable 418 

liability,  how  tried 418 

who  is  liable,  and  how 419,  420 

refusing  to  appear,  penalty 420 

death  of,  does  not  abate 421 

corporation  may  be 421 

commissioner  to  take  disclosure 

of,  appointed 421 

if  about  to  leave  the  State,  justice 

to  take  disclosure  of 421 

fraud  of,  punished 422 

to  disclose  title  to  land 422 

claim  of  defendant  barred 423 

fees  for  actual  attendance 423 

Writ,  form  of 364,  418 

service  of 418,  423 

new  trustees  inserted 418 

TRUSTEES  OF  CHURCHES  ....282 

TRUSTS,  how  created 244 

trustee  to  give  bond,  unless 334 

not  giving,  declines 334 

may  resign,  when 335 

how  appointed 335 

how  removed 335 

authority  of 335 

may  sell  property,  how 335 

chancery  powers  over 340 

UNINCORPORATED  PLACES... 101 

rights  and  duties  of. 101 

rights  of   inhabitants 27 

rights  in  surplus   revenue 54 

literary  fund,  rights  in 154 

UNITED  STATES  includes  what..  .44 
constitution  of. 1 

USURY,  what  is 383 

what  contracts  excepted 384 

plea  of,  proceedings  on 383 

VACANCIES  in  town  offices  filled  ..  .99 

in  office  of  governor 31 

senator 28 

counsellor 34 

representative  in  con- 
gress   87 

in  office  of  representative  to  gene- 
ral court 25 

in  office  of  elector  of  president ...  88 
of  county  officers 77 

70 


VACCINATION,  agent  for,  appoint- 
ed  232 

VAGABONDS,  punishment  of 226 

VALUATION  to  be   taken 24 

VENIRES,  how  issued 349 

service  of 349 

neglect  of,  penalty 349 

VESSELS.     See   Masters  of  ves- 
sels. 
infected.     See  Quarantine. 

VIEWS,  when  granted 378 

VIEWERS  AND  CULLERS.   See 

Cullers. 
VOLUNTARY    ASSOCIATIONS. 

(See  jlssociations.) 284,  285 

military  companies  formed  by . .  .187 

VOTE,  questioned,  made  certain 96 

VOTERS,  qualifications  for  senator. .  .27 

for  governor 30 

for   representatives 25 

rights  and    qualifications 81 

residence  required 82 

students  are  not,  when 82 

list  of,  how  made 82 

corrected 83 

mode   of  voting 83 

exempt  from  arrest 372 

liable  for  giving  false  answer 84 

voting  illegally 84 

treating  of,  punished 84 

VOTES,  blanks  not  counted  as 83 

majority,  how  determined 84 

how  counted 28,  84 

declaration  of,  made 28,84 

return  of.     See  Returns. 

WAGERS.     (See  Betting.) 92 

WANTON  and  lascivious  persons. .  .444 
WARDEN   of   State    prison.      See 

State  prison. 
WARDS.     See  Guardian. 
WARNING.  See  Town  Meeting- 
Militia. 
WARRANTS,  Search.  See  Search 
Warrant. 

general,  are   illegal 20 

to  be  granted  on  oath 449 

WASTE 416, 417 

.Administrator  liable  for 316 

not  redeeming  property  is 318 

fraud  in  sales,  is 328 

Dower,  widow  liable   for 329 

Injunction  to  stay,  issued 340 

WATCHMEN,  choice  of.  (See  Police)  295 


554 


INDEX. 


WATCHMEN. 

duties   of. 225 

WATER  COURSE,  how  made 128 

WAYS.     See  Highways. 
WEIGHERS  OF  BEEF   appointed.  194 

duties  and  fees  of. 194 

WEIGHT,  standard  of  oats 212 

potatoes. . .  .212 

bread 212 

WEIGHTS  AND    MEASURES. .  .213 

standard  set  for  State 213 

County,  standard  set  for 213 

Sealer   appointed 213 

duties   of 213 

seal  of 214 

fees   of 213 

Totcn,  standard   set  for 213 

neglect,  penalty 214 

sealer   chosen 213 

duties  of 214 

seal    of 21 4 

fees  of 214 

charcoal  measures,  size 214 

heaped  measures,  size 214 

sales  by  unsealed  or  false  weiglits 

or  measures,  penalty 214 

decimal  hundred  used 214 

contracts  weighed  by 214 

neglect,  penalty 214 

WHARVES,  how  taxed 1 02 

WHEELS,  width  of 130 

WIFE.     (See  Husband.). 295—297 

WIDOW,  waiving  provision  in  will, 

entitled  to  dower 312 

allowance  to,  how  made 329 

dower,  how  assigned 329 

distributive   shave  of 330 

suit  for   dower  by 412 

WILDCATS,  bounties  on .240 

WILL    includes  codicil 45 

tenancy  at 244,  4v4 

WILLS 311 

Construction  of 311,312 

Contribution,  estate  insufficient. . .  .312 

Devise,  what  estate    passes  by 311 

disseizin  does  not  defeat 311 

to  witness,  void,    when 311 

death  not  to  defeat 312 

Executor  to  file   will 313 

to  accept  or  refuse  trust 313 

neglect  of,  penalty 313 

Foreign,  how  filed 314 

Heirs,  devise  to,  construction 311 


WILLS. 

//etVs  of  devisee  or  legatee,  to  take.  31 2 

Nuncupative,  when  valid 312 

Posthumous  children,  rights 311 

Probate,  by  whom  granted 305 

notice,  when  necessary 310 

service  of 310 

in  common  form 313 

solemn  form 31 3,  314 

Property,  what  passes  by 311 

insufficient  to  pay  devise 312 

Real  estate  intended   to  be   sold  by 

executor,  how  conveyed 328 

Revocation  of,  how  made 312 

Trustees  under,  jurisdiction  of 301 

Widow,  provisions  for,  waived 312 

Wills,  who  may  make 311 

execution    of 312 

of  soldier  or  seaman 311 

codicils  are 45 

probate   of 313,  314 

JCitncsscs  to  will,  necessar}' 311 

devise  to,  when  void 31 1 

depositions  of,  taken 30G 

WINE,  sale  of,  regulated 227 

WITNESSES  on  courts  martial. . .  .185 

on  courts  of  inquiry 1 5G 

to  wills 311 

in  probate  court 30G 

wlio  are  competent 380 

writs  of  summons  for 379 

how    summoned 379 

depositions  of,  how  taken . .  379 — 382 
inhabitants  of  public  corporations 

are  competent 330 

members  of  insurance  company. 380 
in    criminal    cases    in     another 

State  to  attend,  when 382 

on  trial  on  penal  statute. 430 

required  to  recognize,  when 449 

on  neglect,  committed 449 

before    coroner 455 

on  criminal  trial,  who  may  be. .  .459 
fees,  travel  and  attendance  of.  .  .472 
fees,  if  going  out  of  the  State. .  .382 

attendance    of,  compelled 379 

WOLVES,  bounty  on 240 

WOOD,  measurement  of 21 1 

measurers  of,  chosen 97,211 

neglect,  penalty 21 1 

WORK  HOUSE.  "  See  House  ok 

CORRECTION. 

WORSlFir,  right  of,  free 17,  18 


INDEX, 


555 


WORSHIP. 

disturbance  of,  penalty 228,  230 

WRITS    AND    MESNE    PRO- 
CESS  361—365 

Mateincnt  of .     See  Abatement. 

Endorsement,  when  necessary 365 

liability  of  endorser 365 

action  against  endorser 365 

Form  of  writ  of  attachment 362 

summons  on 362 

capias  and  attachment 363 

summons 363 

replevin 363 

trustee 364 

scire  facias 364 

if  no  form  fixed 361 

justice 361 

summons  for  witnesses 379 

habeas  corpus 405 


WRITS. 

Issue  of,  by  courts 361 

by  justices  361 

Original,  what  are 361 

in  real  actions 362 

Requisites,  general,  of 38,  361 

to  be  in  English  language 361 

of  justice  writs 361 

if  defendant  unknown 362 

Return  of  justice 361 

Service  of,  mode 365,  366 

Summons,  form  of 362 

WRITTEN  includes  printed 45 

contracts  to  be,  when 353,  359 

YEAR,  meaning  of 44 

YEAS  AND  NAYS  entered 2G 

on  journal  of  Congress 5 


LAWS 


OF    THE 


Btate  of  Httu  1^  am p 0 1) irt. 


PASSED 


JU]\E    SESSIOW,    1843, 


PUBLISHED    BY    AUTHORITY. 


CONCORD: 
CARROLL  &  BAKER,  STATE  PRIJNTERS. 
1843. 


LAWS 


OF    THE 


Btatt  of  NctD  ^am^s\)ixc. 

PASSED   Jrr¥E    SESSIOIV,  1843. 


CHAPTER  34. 

AN  ACT  in  addition  to  and  in  amendment  of  the  Revised  Stat- 
utes of  the  State  of  New  Hampshire. 


Section 

1.  When    county    treasurers    may    borrow 

money. 

2.  Construction  of  sec.  6,  chap.  39,  R.  S. 

3.  Railroads,  taxes  paid  by — distributed. 

4.  "        manner  of  assessing  taxes. 

.5.  Attendants  in  N.    H.   Asylum,  exempted 
from  military  duty. 

6.  Mess  beef,  inspection  of. 

7.  Powers  and  duties  of  police  officers. 

8.  Part  of  sec.  44,  ch.  140,  repealed. 

.9.  Lists  of  stockholders  to  be  left  with  town 
clerks. 


Section 

10.  Railroads  and  bridge  corporations — places 

of  business. 

11.  Sections  [)  4*  10  to  take  effect  on  1st  day 

of  August. 

12.  Construction  of  sec.  15  &  16,  ch.150,  R.  S. 

13.  Probate  court,  Carroll  Co. 

14.  Judge  of  probate,  powers. 
13.  (Circuit  justices,  powers. 

16.  Superior  court,  additional  powers. 

17.  Construction  of  sec.  3,  ch.  225,  R.  S. 

18.  Judges  C.  C.  pleas — compensation. 

19.  Acts  and  parts  repealed. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  converted,  That  whenever  the  money 
in  the  treasury  of  any  county  shall  be  insufficient  to  meet  the  de- 
mands upon  the  same,  the  treasurer,  upon  an  order  of  the  court  of 
common  pleas,  may  borrow  such  sum  as  they  shall  deem  necessary 
for  that  purpose,  and  may  bind  the  county  for  the  re-payment  of 
the  same.     R.  S.  ch.  23. 

Sec.  2.  The  clause  of  the  fifth  section  of  chapter  thirty-nine  of 
the  Revised  Statutes  of  New  Hampshire,  which  is  in  the  follow- 
ing words,  to  wit : — "  Said  three  fourths  of  one  per  cent,  to  be  by 
the  selectmen  of  the  town  receiving  the  same,  appropriated  in  just 
proportions  to  the  several  purposes  for  which  taxes  are  assessed 
upon  the  polls  and  estates  of  such  stockholders  within  such  town  ;" 
shall  be  so  construed  that  in  all  cases,  in  which  the  ratable  estates 
of  any  such  stockholders  shall  be  lawfully  taxed  by  any  religious 


54  ACT    IN    AMENDMENT    OP    R.    S.  [cHAP.   34 

society  for  the  support  of  public  worship,  such  society  shall  be  en- 
titled to  receive  its  just  proportion  of  said  three  fourths  of  one  per 
cent.    R.  S.  ch.  39,  sec.  5. 

Whereas  it  is  provided  in  the  thirty-ninth  chapter  of  the  Revis- 
ed Statutes,  that  each  railroad  corporation  shall  pay  into  the  treas- 
ury of  the  State,  on  or  before  the  second  Wednesday  of  June  an- 
nually, the  tax  assessed  on  the  value  of  its  capital  stock  expended 
in  this  State,  to  be  determined  by  the  certificate  of  the  justices  of 
the  superior  court ;  and  no  session  of  the  justices  of  said  court 
having  been  held  since  said  chapter  took  effect,  so  that  application 
could  be  made  for  their  adjudication  on  the  subject ;  therefore — 

Sec.  3,  The  provisions  in  said  chapter  shall  be  extended  to  the 
first  Wednesday  of  September  of  the  present  and  each  succeeding 
year;  and  all  taxes  paid  by  railroad  corporations  shall  be  assigned  and 
distributed  to  the  several  towns  in  this  State,  on  or  before  the  first 
day  of  December  annually,  in  the  mode  and  proportion  as  provi- 
ded in  said  chapter.     R.  S.  ch.  39. 

Sec.  4.  Said  tax  shall  be  assessed  by  said  justices  in  proportion, 
as  near  as  may  be,  to  the  taxation  of  other  property  on  tlie  first 
day  of  April  of  the  present  and  each  succeeding  year,  in  the  several 
towns  in  which  said  railroads  are  situate,  and  so  on  from  year  to 
year.  It  shall  be  the  duty  of  said  railroad  corporation  to  furnish 
said  justices  all  the  necessary  evidence  for  their  action  thereon, 
and  give  reasonable  notice  to  the  state  treasurer, in  writing,  of  any 
application  made  for  the  assessment  of  taxes,  so  that  he  may  attend 
at  the  hearing  thereon,  if  deemed  necessary.     R.  S.  ch.  39. 

Sec.  5.  The  attendants  upon  the  insane,  employed  in  the  New 
Hampshire  Asylum  for  the  Insane,  are  hereby  exempt  from  the 
performance  of  military  duty,  upon  the  same  conditions  as  the  first 
class  of  exempts,  specified  in  the  second  section  of  the  seventy- 
sixth  chapter  of  the  Revised  Statutes.      R.  S.  ch.  76.  sec.  2. 

Sec.  6.  Mess  beef  shall  consist  of  the  choice  pieces  of  oxen  or 
steers  well  fatted  and  weighing  five  hundred  pounds  or  upwards : 
the  shin,  shoulder,  clod  and  neck  shall  be  taken  from  each  fore 
quarter,  and  the  leg  and  the  leg  rand,  from  each  hind  quarter; 
and  each  cask  containing  beef  of  this  description,  shall  be  branded 
on  one  of  the  heads  with  the  words  3Iess  Beef.  R.  S.  ch.  100, 
sec.  5. 

Sec.  7.  The  powers  and  duties  of  police  officers,  as  prescribed 
in  sections  four,  five  and  six  of  chapter  one  hundred  and  fourteen 
of  the  Revised  Statutes,  shall  extend  to  and  apply  to  all  viola- 
tions of  the  provisions  of  chapter  one  hundred  and  thirteen  of 
the  Revised   Statutes.     R.  S.  ch.  1 13. 

Sec.  8.  So  much  of  the  forty-fourth  section  in  chapter  one  hun- 
dred and  forty  of  the  Revised  Statutes,  as  is  in  the  following 
words,  to  v/it :  "  and  provided  farther,  that  none  of  the  provisions 
in  this  section  shall  be  so  construed  as  to  prevent  the  directors  of 
any  bank  from  negotiating,  through  the  bank  of  which  he  is  a  di- 


CHAP.   34.]  ACT    IN    AMENDMENT    OF    R.    S.  55 

rector,  any  draft  or  inland  bill  of  exchange  ;"  be  and  the  same  is 
hereby  repealed.      R.  S.  cli.  140,  sec.  44. 

Sec.  9.  All  corporations  heretofore  incorporated,  having  for  their 
object  a  dividend  of  jDrofits  among  their  stockholders,  whose  char- 
ters are  by  law  subject  to  alteration,  amendment  or  repeal,  shall 
within  thirty  days  after  this  and  the  succeeding  section  shall  take 
effect,  cause  to  be  delivered  to  the  town  clerk  of  the  town  in 
which  the  company  has  its  principal  place  of  business,  or  left  at 
his  dwelling-house,  such  lists  as  are  mentioned  in  the  sixth  sec- 
tion of  chapter  one  hundi'ed  and  forty-six  of  the  Revised  Statutes  ; 
and  such  corporations,  their  stockholders  and  stock  shall  be  sub- 
ject to  all  the  provisions  of  said  chapter  relating  to  similar  corpo- 
rations hereafter  to  be  created,  their  stockholders  and  stock  respect- 
ively.    R.  S.  ch.  146,  sec.  6. 

Sec.  10.  For  the  purpose  of  filing  and  recording  the  lists,  and  re- 
cording the  transfers  and  assignments  mentioned  in  the  sixth  and 
seventh  sections  of  chapter  one  hundred  and  forty-six,  the  princi- 
pal places  of  business  of  the  railroad  corporations  now  existing, 
shall  be  taken  to  be  as  follows,  namely :  Concord,  of  the  Concord ; 
Portsmouth,  of  the  Eastern ;  Dover,  of  the  Boston  and  Maine ; 
and  Nashville,  of  the  Nashua  and  Lowell  railroads  ;  and  the  prin- 
cipal place  of  business  of  any  bridge  corporation,  shall  be  taken  to 
be  in  the  town  in  which  its  toll  house  is  located,  if  such  toll  house 
be  located  in  this  State ;  otherwise  ill  the  town  in  this  State  in 
which  the  bridge  or  such  part  thereof  as  lies  in  this  State,  is  loca- 
ted.    R.  S.  ch.  146,  sec.  6  4*  7. 

Sec  11.  The  two  preceding  sections  shall  take  effect  on  the 
first  day  of  August  next. 

Sec  12.  The  provisions  of  sections  fifteen  and  sixteen  of  chap- 
ter one  hundred  and  fifty  of  the  Revised  Statutes,  shall  be  con- 
strued as  applying  to  guardians  of  insane  persons  and  spendthrifts 
only.     R.  S.  ch.  150,  sec.  15  Sf  16. 

Sec  13.  The  court  of  probate  for  the  county  of  Carroll  shall 
be  holden  at  West  Ossipee,  on  the  first  Tuesday  of  March  annu- 
ally ;  and  so  much  of  chapter  one  hundred  and  fifty-four,  section 
four,  of  the  Revised  Statutes,  as  requires  said  court  to  be  holden 
at  West  Ossipee  on  the  second  Tuesday  of  March,  is  hereby  re- 
pealed.    R.  S.  ch.  154,  sec.  4. 

Sec  14.  In  addition  to  the  cases  specified  in  section  first  of 
chapter  one  hundred  and  fifty-five,  of  the  Revised  Statutes,  the 
judge  of  probate  may,  in  his  discretion,  proceed  without  notice,  or 
with  such  notice  as  he  may  deem  proper,  in  the  assignment  of 
dower  to  widows.     R.  S.  ch.  155,  sec.  1. 

Sec  15.  From  and  after  the  passage  of  this  act,  the  circuit  jus- 
tices shall  have  the  same  powers  that  the  justices  of  the  superior 
court  now  have,  at  the  trial  of  all  cases  in  the  court  of  common 
pleas,  where  the  attendance  of  two  justices  of  the  superior  court  is 
now  by  law  required.     R.  S.  ch.  1T3. 


56  ACT    IN    AMENDMENT    OF    R.    S.  [CHAP,  34. 

Sec.  16.  In  all  cases  in  which  questions  have  been  or  hereafter 
shall  be  reserved  and  assigned  to  the  superior  court,  agreeably  to 
the  provisions  of  the  eighth  section  of  chapter  one  hundred  and  sev- 
enty-two of  the  Revised  Statutes,  the  superior  court,  in  addition 
to  the  powers  now  vested  in  them,  may,  if  they  see  fit,  order  the 
clerk  of  the  com-t  of  common  pleas  to  enter  up  judgment  as  of  the 
term  of  said  court  of  common  pleas,  next  preceding  the  term  of 
said  superior  court  wherein  such  order  is  made,  and  to  issue  exe- 
cution accordingly ;  and  in  case  such  judgment  shall  be  for  the 
plaintiff,  any  property  attached  on  his  writ,  shall  be  holden  until 
the  expiration  of  thirty  days  from  the  actual  time  of  the  issuing  of 
the  execution  agreeably  to  said  order.     R.  S.  ch.  172,  sec.  8. 

Sec.  17.  None  of  the  provisions  in  the  third  section  of  the  two 
hundred  and  twenty-fifth  chapter  of  the  Revised  Statutes,  shall 
be  so  construed  as  to  preclude  the  State's  counsel  from  using  any 
witnesses  to  rebut  or  explain  any  evidence  of  new  matter  offered 
by  the  defendant,  or  to  discredit  his  witnesses,  although  the  names 
of  such  witnesses  have  not  previously  been  furnished  to  the  de- 
fendant ;  provided,  however,  that  the  court  may,  if  in  their  opinion 
justice  requires  it,  give  the  defendant  time  to  answer  such  testi- 
mony as  may  be  so  offered  by  the  State's  counsel  as  aforesaid. 
R.  S.  ch.  225,  sec.  3. 

Sec.  18.  The  judges  of  the  court  of  common  pleas  for  the  sev- 
eral counties  in  this  State,  shall  each  be  paid  three  dollars  per  day 
for  each  and  every  day  they  shall  attend  said  court  in  said  several 
counties,  and  ten  cents  a  mile  for  their  travel  to  and  from  the  pla- 
ces of  holding  the  said  several  courts  of  common  pleas.  R.  S. 
ch.  228,  sec.  8. 

Sec.  19.  All  acts  and  parts  of  acts  inconsistent  with  the  provis- 
ions of  this  act  are  hereby  repealed. 
SAMUEL  SWASEY, 

Speaker  of  the  House  of  Representatives. 
TITUS  BROWN, 

President  of  the  Senate. 

Approved,  July  1,  1843. 

HENRY  HUBBARD,  Governor. 


CHAP.  36. 


ARREST  FOR  DEBT JUDICIARY. 


57 


CHAPTER  35. 

AN  ACT  in  amendment  of  the  one  hundred  and  eighty-fifth  chap- 
ter of  the  Revised  Statutes. 


Section 

1.  When  persons  may  be  arrested  upon   any 
writ  or  execution. 


Section 
2.    Sec.  8,  chap.  185,  R.  S.  repealed. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  no  person  shall  be 
arrested  upon  any  writ  or  execution  founded  on  a  contract  made 
after  the  first  day  of  March,  one  thousand  eight  hundred  and  forty- 
one,  unless  the  plaintiff  or  some  person  in  his  behalf  shall  make  an 
affidavit  before  a  justice,  on  the  back  of  such  writ,  that  in  his  be- 
lief the  defendant  is  justly  indebted  to  him  in  a  certain  sum  ex- 
ceeding thirteen  dollars  and  thirty-three  cents,  and  that  he  conceals 
his  property  so  that  no  attachment  or  levy  can  be  made,  or  that 
there  is  good  reason  to  believe  he  is  about  to  leave  the  State  to 
avoid  the  payment  of  his  debts. 

Sec.  2.  The  eighth  section  of  the  one  hundred  and  eighty-fifth 
chapter  of  the  Revised  Statutes  is  hereby  repealed. 

Approved,  June  19,  1843. 


CHAPTER  36. 


AN  ACT  in  relation  to  the  Judiciary. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  where  there  may  be,  or  has  hereto- 
fore been,  any  new  terms  established  for  holding  any  of  the  courts 
in  this  State,  the  said  courts  shall  take  cognizance  and  jurisdiction, 
at  said  new  terms,  of  all  proceedings  of  every  nature  pending  in, 
or  returnable  to  said  courts,  and  if  said  courts  have  at  such  terms 
exercised  jurisdiction  thereof,  they  shall  retain  and  continue  the 
same;  notwithstanding  the  statute  establishing  said  new  terms,  may 
contain  no  special  provision  for  the  transfer  of  such  proceedings. 

Approved,  June  30,  1843. 


58 


BANKS    AND  BANKING. 

CHAPTER  37. 


[chap.  37. 


AN  ACT  in  relation  to  Banks  and  Banking. 


Section 

1.  Banking  coq^orations  may  close  up  their 

concerns  and  divide  their  capital — when 

2.  Stockholders  individually  liable. 

3.  Bills  and  liabilities  payable  in  specie  at 


Section 

the  bank,  or  by  an  agent. 

4.  To  have  contribution. 

5.  Acts  and  parts  repealed. 


Whereas  different  periods  of  time  are  prescribed  in  the  respective 
charters  of  banking  incorporations  in  this  State,  for  their  continu- 
ance and  limitation  ;  therefore — 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  all  banking  corpora- 
tions be  and  they  hereby  are  authorized  to  close  up  the  concerns  of 
their  respective  corporations,  at  the  times  fixed  for  their  termina- 
tion, and  to  divide  all  the  capital  stock  and  other  property  of  said 
banking  corporations  among  the  stockholders,  according  to  their 
respective  shares:  provided,  that  said  corporations  shall  at  all  times 
for  and  during  four  years  after  the  expiration  of  their  charter,  retain 
in  bank  so  much  of  their  capital  stock  as  shall  be  equal  to  twice 
the  amount  of  their  outstanding  debts  and  liabilities. 

Sec  2.  Whenever  any  banking  corporation  shall  divide  any 
portion  of  their  capital  stock,  according  to  the  provisions  contained 
in  this  bill,  the  members  of  said  corporation  shall  be  individually 
responsible  for  the  redemption  and  payment  of  all  bills  and  other 
liabilities,  which  may  have  been  issued  or  incurred  by  said  corpo- 
rations while  they  were  members  thereof;  and  the  date  of  the  bill 
or  other  obligation  shall  be  prima  facie  evidence  of  the  time  of  its 
issue  and  of  the  liability  incurred :  provided,  however,  that  none 
of  the  provisions  of  this  act  shall  be  so  construed  as  to  exempt  any 
of  the  capital  stock  of  such  corporation,  from  being  liable  for  the 
payment  of  any  and  all  the  bills  and  other  liabilities  of  such  cor- 
poration, at  any  time  issued  and  incurred. 

Sec  3.  In  case  any  bill  or  bills  or  other  liability  of  said  bank- 
ing corporations  shall  not  be  redeemed  and  paid  in  specie,  at  the 
bank  or  by  some  agent  authorized  to  redeem  and  pay  the  same, 
within  sixty  days  after  a  demand  of  payment  shall  have  been  made 
therefor,  either  at  the  bank  or  upon  the  agent,  who  shall  reside  and 
keep  his  place  of  business  within  one  mile  of  said  bank  ;  an  action 
of  assumpsit  for  money  had  and  received  may  thereupon  be  main- 
tained by  any  person  injured  thereby ;  and  such  action  may  be 
commenced  and  jn-osecuted  to  final  judgment  against  any  individual 
who  was  a  member  of  such  corporation,  at  the  time  or  after  such 
liability  was  so  incurred,  and  for  whose  delinquency  a  right  of  ac- 
tion hath  accrued ;  and  the  justices  or  court  where  said  action  may 
be  determined,  sha^i  have  the  right  to  enter  up  judgment  thereon 


CHAP.  38.] 


MANUFACTURINO  CORPORATIONS. 


59 


and  issue  execution  accordingly,  which  shall  be  levied,  collected 
and  returned  as  is  provided  in  other  cases :  provided  that  no  such 
action  shall  be  sustained  after  four  years  shall  have  elapsed,  beyond 
the  time  fixed  for  the  expiration  of  their  chai'ter. 

Sec.  4.  If  any  member  of  any  banking  corporation  shall,  under 
the  provisions  of  the  third  section  of  this  act,  be  compelled  to  pay 
for  any  of  the  liabihties  of  the  corporation  of  which  he  is  a  mem- 


ber, 


such  member  shall  have  a  right  of  action  for  contribution 


against  the  other  members  of  such  corporation,  to  recover  what  he 
may  in  equity  be  entitled  to  have  ;  and  such  action  may  be  com- 
menced and  prosecuted  in  any  court  competent  to  try  the  same, 
and  be  enforced  as  is  provided  in  other  cases. 

Sec.  5.     All  acts  and  parts  of  acts  inconsistent  with  the  provis- 
ions of  this  act,  are  hereby  repealed. 

Approved,  June  28,  1843. 


CHAPTER  38. 


AN  ACT  relating  to  Manufacturing  Corporations. 


Section 

1.  Proxy  voting  may  be  authorized  by  vote. 

2.  Assent  of  three   fourths  of  members  ne- 

cessary. 

3.  Stockholder  to  make  oath. 


Section 

4.  Proxy  fruthorized  to  vote  by  writing — in- 

structions how  to  vote. 

5.  Voting — limited. 

6.  Acts  and  parts  repealed. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives w  General  Court  convened,  That  any  corporation  es- 
tablished for  the  purpose  of  carrying  on  any  kind  of  manufacture 
exclusively,  may  by  vote  authorize  the  stockholders  therein  to  vote 
by  proxy  in  any  election,  or  on  any  other  subject  which  may  come 
before  such  corporation. 

Sec.  2.  Such  vote  shall  not  take  effect  until  three  fourths  of 
the  members  of  such  corporation  shall  assent  thereto  in  writing, 
which  shall  be  entered  on  the  records  of  the  corporation. 

Sec.  3.'  Every  stockholder  so  assenting,  shall  make  oath  that  he 
is  a  bona  fide  owner  of  stock  in  said  corporation,  and  that  no  part 
thereof  was  assigned  to  him  for  the  purpose  of  enabling  him  to 
give  such  assent. 

Sec.  4.  Every  such  proxy  shall  be  authorized  by  writing  filed 
with  the  clerk,  containing  instructions  to  such  proxy  how  he  shall 
vote,  for  what  persons,  to  what  offices  and  for  what  measures  ; 
and  such  proxy  shall  be  authorized  to  vote  as  prescribed  in  such 
instructions,  and  in  no  other  case. 

Sec.  5.    No  person  shall  be  authorized  as  proxy  for  one  or  more 
2 


60  CONCORD    RAILROAD STATE    TAX.  CHAP.  40.] 

persons  to  carry  more  than  one  vote  for  every  share  not  exceeding 
ten,  and  one  vote  for  every  two  shares  exceeding  ten  and  not  ex- 
ceeding twenty  shares,  and  in  no  case  exceeding  fifteen  votes. 

Sec.  6.     All  acts  and  parts  of  acts  inconsistent  with  the  provis- 
ions of  this  act,  be  and  the  same  are  hereby  repealed. 

Approved,  June  30,  1843. 


CHAPTER  39. 

AN  ACT  in  amendment  of  the  charter  of  the  Concord  Railroad 

Corporation. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  so  much  of  the  fifth  section  of  the 
act  entitled  "An  act  to  incorporate  the  Concord  Railroad  Corpora- 
tion," as  is  in  the  words  following,  to  wit :  "and  said  road  may  be 
used  by  any  person  or  persons  who  shall  comply  with  such  rules 
and  regulations;"  be  and  the  same  is  hereby  repealed. 

Approved,  June  30,  1843. 


CHAPTER  40. 

AN  ACT  to  raise  sixty  thousand  dollars  for  the  use  of  the  State. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  sum  of  sixty  thousand  dollars 
shall  be  raised  for  the  use  of  the  State,  and  shall  be  assessed,  col- 
lected and  paid  into  the  treasury,  on  or  before  the  first  day  of  De- 
cember, in  the  year  one  thousand  eight  hundred  and  forty-four; 
and  the  treasurer  is  hereby  directed  seasonably  to  issue  his  warrants 
to  the  selectmen  of  the  several  towns  and  places  within  this  State, 
according  to  the  apportio)mient  of  public  taxes  made  out  at  the 
November  session,  A.  D.  1842.  And  the  selectmen  and  assessors 
in  such  towns  and  places  are  hereby  required  to  assess  the  sums 
specified  in  said  warrants,  and  cause  the  same  to  be  paid  into  the 
the  treasury  on  or  before  the  first  day  of  December,  in  the  year 
one  thousand  eight  hundred  and  forty-four ;  and  the  treasurer  is 
hereby  authorized  to  issue  extents  for  all  taxes  which  shall  then 
remain  unpaid. 

Approved,  June  30,  1843. 


CHAP.  41.]  ALTERATION  OF  NAMES.  61 

CHAPTER  4L 

AN  ACT  to  alter  the  names  of  certain  persons. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  several  persons  herem  named, 
shall  hereafter  be  called  and  known  by  the  names  which  by  this 
act  they  are  respectively  allowed  to  assume,  viz  : — William  Brown, 
junior,  of  Chester,  may  take  the  name  of  William  Whittier  Brown; 
Dudley  Bailey,  junior,  of  Newbury,  may  take  the  name  of  Law- 
rence Dudley  Bailey ;  Modiline  Peavey  Howard  of  Farmington, 
may  take  the  name  of  Mary  Peavey  Hale  ;  Jeremiah  Jewett  Pea- 
vey of  Strafford,  may  take  the  name  of  Jewett  Peavey  ;  Chandler 
Russell  of  Mason,  may  take  the  name  of  Chandler  Shed ;  Charles 
Cutter,  2d,  of  Jaffrey,  may  take  the  name  of  Charles  Amaracus 
Cutter  ;  James  Monroe  Whitehouse  of  Epping,  may  take  the  name 
of  Monroe  White  ;  Abigail  Whitehouse  of  Epping,  may  take  the 
name  of  Abigail  White ;  John  Savage  of  Epping,  may  take  the 
name  of  John  L.  Porter ;  Elizabeth  Whitehouse  of  Epping,  may 
take  the  name  of  Elizabeth  White  ;  Mary  Whitehouse  of  Epping, 
may  take  the  name  of  Mary  White  ;  Emeline  H.  Whitehouse  of 
Epping,  may  take  the  name  of  Emeline  H.  White;  Joseph  Wallace 
of  Rumney,  may  take  the  name  of  Alvin  H.  Kirby  ;  John  Tarlton, 
2d,  of  Newcastle,  may  take  the  name  of  John  Adams  Tarlton  ; 
Horatio  Gates  Tucker  of  Plaistow,  may  take  the  name  of  Gates 
Tucker  Embury  ;  Lydia  Jewell  of  South  Hampton,  may  take  the 
name  of  Lydia  Flanders ;  John  Thyng  of  Brentwood,  may  take 
the  name  of  John  Hearthbury  Thyng ;  Jane  McDavitt  of  Nash- 
ville, may  take  the  name  of  Jane  M.  Parker ;  George  Pike  At  wood 
of  Newport,  may  take  the  name  of  George  Pike;  Ralph  Smith,  2d, 
of  Westmoreland,  may  take  the  name  of  Ralph  H.  Smith ;  Na- 
thaniel Prime,  junior,  of  Swanzey,  may  take  the  name  of  Nathan- 
iel Whitaker  Prime  ;  Samuel  Rollins,  3d,  of  Barnstead,  may  take 
the  name  of  Samuel  George  Rollins ;  Lucy  Derby  Brooks  of  An- 
trim, may  take  the  name  of  Lucy  Derby  Gilson ;  and  Georgiana 
Brooks  of  Antrim,  may  take  the  name  of  Georgiana  Elizabeth 
GiLson.  Approved,  June  30,  1843. 


62 


KETURN    OF    INVENTORIES. 


[chap.  42. 


CHAPTER  42. 


AN  ACT  providing  for  the  return  of  Inventories', 


Section 

1.  Selectmen  to  return  inventories. 

2.  Penalty  for  neglect  or  refusal. 


Section 

3.  Blank  returns  to  be  furnished,and  secretary 
of  state  to  make  abstract  for  legislature^ 


Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre" 
sentatives  in  General  Court  convened,  That  the  selectmen  of  the 
several  towns  and  places  in  this  State,  or  a  major  part  of  them,  at 
the  charge  of  the  town  or  place  in  which  they  shall  belong,  shall 
return  and  transmit  to  the  office  of  the  secretary  of  state,  on  or  be- 
fore the  fifteenth  day  of  May  next,  an  entire  inventory  of  the  polls 
and  ratable  estates  of  the  several  towns  and  places  in  this  State,  as 
taken  in  April  for  the  year  one  thousand  eight  hundred  and  forty- 
four;  and  also  an  entire  inventory  of  the  polls  and  ratable  estates  of 
the  several  towns  and  places  within  this  State, as  taken  in  April  of  the 
year  one  thousand  eight  hundred  and  forty-three.  Said  inventories 
shall  contain  the  footings  of  each  column  of  the  invoices  of  all  polls 
and  property  taxed  in  each  of  said  towns  and  places,  in  the 
month  of  April  in  each  of  said  years,  agreeably  to  the  provisions  of 
chapters  forty-one  and  forty -two  of  the  Revised  Statutes.  And  every 
fourth  year  thereafterwards,the  selectmen  of  the  several  towns  and 
places  in  this  State  shall  transmit  and  return  to  the  office  of  the  sec- 
retary of  state  like  inventories  for  their  [the  then  ?]  current  and  the 
next  preceding  year,  which  said  inventories  shall  be  prepared  in 
the  same  form  and  manner  as  is  above  prescribed,  and  shall  be 
transmitted  and  returned  to  the  office  of  the  secretary  of  state,  on 
or  before  the  fifteenth  day  of  May  next  after  the  time  when  such 
inventories  shall  be  prepared  as  aforesaid. 

Sec  2.  If  the  selectmen  of  any  town'or  place  in  this  State, 
shall  neglect  or  refuse  to  prepare  and  transmit  the  above  mention- 
ed inventories  and  returns,  in  the  manner  herein-prescribed,  to- 
gether with  their  certificate,  as  said  selectmen,  to  the  truth  of  their 
said  inventories,  they  shall  forfeit  and  pay  for  every  neglect  or  re- 
fusal a  sum  not  exceeding  fifty  dollars  nor  less  than  twenty  dol- 
lars, for  the  use  of  the  town  or  place  to  which  said  delinquent  se- 
lectmen may  belong.  And  the  secretary  of  state,  as  soon  as  may 
be  after  the  said  fifteenth  day  of  May  in  each  of  said  years,  shall 
give  information  to  the  attorney  general  of  all  such  neglects  or  re- 
fusals, that  such  selectmen  may  be  prosecuted  by  indictment,  in- 
f<M-mation  or  otherwise,  in  any  court  proper  to  try  the  same  :  pro- 
vided that  all  prosecutions  for  penalties  incurred  by  such  neglect 
or  refusal,  shall  be  commenced  within  six  months  from  the  said  fif- 
teenth day  of  May  in  each  of  said  years. 


CHAP.   43.  j    JAMES  FERRIN  ANNEXED  TO  DIST.   NO.   4,   IN    EATON.  63 

Sec.  3.  It  shall  be  the  duty  of  the  secretary  of  state  to  furnish 
the  selectmen  aforesaid  with  blank  inventories  in  form  as  afore- 
said, on  or  before  the  first  day  of  April  next,  and  on  or  before  the 
first  day  of  April  in  every  fourth  year  thereafter  ;  and,  when  said 
inventories  shall  be  returned  as  aforesaid  by  the  selectmen,to  make 
out  an  abstract  of  the  footings  or  amount  of  the  several  invento- 
ries, and  cause  the  same  to  be  arranged  by  counties,  and  three  hun- 
dred copies  thereof  printed  and  laid  before  the  legislature  at  the 
commencement  of  their  next  session,  after  said  inventories  shall  be 
returned  as  aforesaid. 

Approved,  June  28,  1843. 


CHAPTER  43. 

AN  ACT  to  annex  James  Ferrin  of  Freedom,  to  school  district 
No.  four,  in  Eaton. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  James  Ferrin  of  Freedom  in  the 
county  of  Carroll,  and  the  farm  on  which  he  now  lives  in  said 
Freedom,  and  all  such  persons  as  shall  hereafter  live  on  said  farm, 
be  and  they  are  hereby  annexed  to  school  district  numbered  four 
in  the  town  of  Eaton,  for  the  purpose  of  schooling  ;  and  for  that 
purpose  shall  be  subject  to  all  the  liabilities  and  entitled  to  all  the 
privileges  in  said  district,  as  fully  as  if  they  were  located  in  said 
town  of  Eaton.  And  the  selectmen  of  said  Freedom  shall  annu- 
ally, as  soon  as  may  be  in  each  year,  cause  to  be  collected  and 
paid  over  to  the  said  school  district  numbered  four,  in  said  town  of 
Eaton, or  the  agent  thereof,  the  just  and  fair  proportion  of  all  school 
moneys  belonging  to  said  town  of  Freedom,  according  to  the  ratio 
of  proportion  which  the  inventory  of  the  said  James  Ferrin  and 
those  living  upon  his  said  farm,  bears  to  the  whole  inventory  of 
the  town  of  Freedom. 

Approved,  June  30,  1843. 


64  APPROPRIATIONS    FOR   MILITIA.  [cHAP.   45. 


CHAPTER  44. 

AN  ACT  to  annex  Robert  Hopkins  of  Windham,  to  school  dis- 
No.  five,  in  Deny. 

Section  [Section 

1.  Annexation — liabilities  and  privileges.         I  2.  Division  of  school  moneys. 

Section  1.  Be  it  enacted  by  the  Senate  and  House^of  Repre- 
sentatives in  General  Court  convened,  That  Robert  Hopkins  of 
Windham  in  the  comity  of  Rockingham,  and  the  farm  on  which 
he  now  resides  in  said  Windham,  and  all  such  persons  as  shall 
hereafter  reside  upon  said  farm,  are  hereby  severed  from  school  dis- 
trict No.  3  in  Windham  aforesaid,  and  annexed  to  school  district 
numbered  five  in  the  town  of  Derry  in  said  county  of  Rocking- 
ham, for  the  purposes  of  schooling;  and  for  those  purposes  shall^be 
subject  to  all  the  liabilities  and  entitled  to  all  the  privileges  of  said 
school  district  numbered  five,  as  fully  and  completely  as  though 
they  were  located  within  the  limits  of  said  town  of  Derry. 

Sec.  2.  The  selectmen  of  said  town  of  Windham,  are  re- 
quired annually,  as  soon  as  may  be  in  each  year,  to  cause  to  be 
collected  and  paid  over  to  said  school  district  numbered  five  in 
Derry,  or  the  agent  of  said  district,  a  just  and  fair  proportion  of  all 
school  moneys  belonging  to  said  town  of  Windham,  according  to 
the  ratio  of  proportion,  which  the  inventory  of  said  Robert  Hop- 
kins and  those  living  upon  the  farm  on  which  he  now  resides  in 
said  Windham,  bears  to  the  whole  inventory  of  said  Windham,  in- 
stead of  paying  the  same  to  school  district  numbered  three  in 
Windham,  as  they  otherwise  by  law  would  be  bound  to  do. 

Approved,  June  30,  1843. 


CHAPTER  45. 

AN  ACT  making  appropriations  for  the   militia  of  this  State  for 
the  year  one  thousand  eight  hundred  and  forty-three. 

Section  1.  Be  it  ejiacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Court  convened,  That  the  following  sums  be 
and  arc  hereby  appropriated  for  the  purposes  herein  mentioned : 

For  the  allowance  for  artillery  companies  for  powder  and  port  fire, 
and  for  hire  of  horses  at  regimental  mustcrs,as  prescribed  by  law,two 
hundred  and  eighty  dollars ;  for  making  regimental  returns,  eighty 
dollars  ;  for  colors,  fifty  dollars  ;  for  musical  instruments,  two  hun- 


CHAP.   46.]      ARTILLERY  COMPANIES,   DOVER,   AND  IN  28tH  REG. 


65 


dred  dollars ;  for  gun  houses,  seventy-five  dollars ;  for  repairs  of 
ordnance,  carriage  and  harnesses,  as  prescribed  by  law,  two  hun- 
dred dollars ;  for  orderly  books  and  stationery,  fifty  dollars ;  for 
new  harnesses,  thirty  dollars ;  and  for  contingent  expenses,  one 
hundred  dollars  ;  and  that  said  sums  be  paid  out  of  the  treasury : 
and  the  governor,  with  advice  of  the  council,  is  hereby  authorized 
to  issue  warrants  on  the  treasury,  in  favor  of  the  adjutant  general, 
for  the  sums  aforesaid,  who  is  hereby  required  to  apply  the  same 
for  the  purposes  aforesaid,  so  far  as  may  be  necessary,  and  to  ren- 
der an  account  to  the  legislature. 

Approved,  June  30,  1843. 


CHAPTER  46. 

AN  ACT  in  favor  of  the  Dover  Artillery  Company. 


Section 

1.  Purchase  of  piece  of  brass  ordnance. 

2.  ^600,  how  appropriated. 


Section 
3.  Disposition  of  present  piece  of  ordnance. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  the  adjutant  general 
be  and  is  hereby  authorized  and  directed  to  purchase,  at  the  ex- 
pense of  the  State,  one  six  pound  piece  of  brass  ordnance  for  the 
use  of  the  Dover  artillery  company  in  the  second  regiment,  with 
the  necessary  apparatus  thereto. 

Sec  2.  The  sum  of  six  hundred  dollars  is  hereby  appropriated 
for  the  aforesaid  object  out  of  any  money  in  the  treasury  not  oth- 
erwise appropriated,  and  the  governor  is  hereby  requested  to  draw 
his  warrant  on  the  treasurer  for  the  same. 

Sec  3.  The  adjutant  general  is  hereby  authorized  to  receive 
the  piece  of  ordnance  now  in  possession  of  the  Dover  artillery 
company  and  sell  the  same,  and  pay  the  proceeds  thereof  into  the 
treasury. 

Approved,  June  28,  1843. 


66 


ARTILLERY  COMPANY,   3d  nEC— J.   C.  TILTON.        [CHAP,   48. 


CHAPTER  47. 

AN  ACT  in  favor  of  the  Artillery  Company  in  the  twenty-eighth 

regiment. 


Section 
1.  Purchase  of  piece  of  brass  ordnntice. 
2.  §600,  how  appropriated. 


iSkction 

I  3.  Disposition  of  present  piece  of  ordnance. 


Section  1.  Be  it  enacted  hy  the  Seriate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  adjutant  general 
be  and  is  hereby  authorized  fand  directed  to  purchase,  at  the  ex- 
pense of  the  State,  one  six  pound  piece  of  brass  ordnance  for  the 
use  of  the  artillery  company  in  the  twenty-eighth  regiment,  with 
the  necessary  apparatus  thereto. 

Sec.  2.  The  sum  of  six  hundred  dollars  is  hereby  appropriated 
for  the  aforesaid  object  out  of  any  money  in  the  treasury  not  oth- 
erwise appropriated,  and  the  governor  is  requested  to  draw  his  war- 
rant on  the  treasurer  for  so  much  of  said  sum  as  may  be  necessary 
for  the  purposes  aforesaid. 

Sec  3.  The  adjutant  general  is  hereby  authorized  to  receive 
the  piece  of  ordnance  now  in  possession  of  said  company  of  artil- 
lery, and  sell  the  same  and  pay  the  proceeds  into  the  treasury. 

Approved,  June  28,  1843. 


CHAPTER  48. 


AN  ACT  in  favor  of  the  Artillery  Company  in  the  third  regiment 
of  the  N.  H.  Militia. 


Section 
\.  Purchase  of  piece  of  brass  ordnance. 
3,  how  appropriated. 


Section 
3.  Disposition  of  present  piece  of  ordnance. 


Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convejied,  That  the  adjutant  general 
be  and  is  hereby  authorized  and  directed  to  purchase,  at  the  ex- 
pense of  the  State,  one  six  pound  piece  of  brass  ordnance  for  the 
use  of  the  artillery  company  in  the  third  regiment,  with  the  neces- 
sary apparatus  thereto. 

Sec  2.  The  sum  of  six  hundred  dollars  is  hereby  appropriated 
for  the  aforesaid  object  out  of  any  money  in  the  treasury  not  oth- 
erwise appropriated,  and  the  governor  is  hereby  requested  to  draw 
his  warrant  on  the  treasurer  for  so  much  of  said  sum  as  may  be 
necessary  for  the  purposes  aforesaid. 


CHAP.   50. j  REMOVAL  OF  MILITIA  OFFICERS.  67 

Sec.  3.  The  adjutant  general  is  hereby  authorized  to  receive  the 
piece  of  ordnance  now  in  possession  of  said  company  of  artillery, 
and  sell  the  same  and  pay  the  proceeds  thereof  into  the  treasury. 

Approved,  June  28,  1843. 


CHAPTER  49. 

AN  ACT  in  favor  of  Jeremiah  C.  Tilton. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Jeremiah  C.  Tilton  of  Northfield, 
in  the  thirty-eighth  regiment,  is  hereby  disannexed  from  said  regi- 
ment and  annexed  to  the  twenty-ninth  regiment,  subject  to  all  the 
militia  laws  of  this  State. 

Approved,  June  30,  1843. 


CHAPTER  50. 

AN  ADDRESS  in  favor  of  the  removal  of  certain  military  officers 

therein-named. 

To  His  Excellency  Henry  Hubbard,  Captain  General  and  Com- 
mander-in-Chief of  the  Militia  of  New  Hampshire  : 

The  Senate  and  House  of  Representatives  in  General  Court 
convened,  Represent  to  your  excellency  that  the  following  persons 
having  been  duly  commissioned  as  officers  in  the  militia  in  the  State 
of  New  Hampshire,and  have  severally  removed  and  gone  beyond  the 
limits  of  their  respective  commands  to  reside,an(r'have  neglected  to 
resign  their  commissions,  viz  : — Stephen  Whitehouse,  ensign  of 
the  sixth  company  of  infantry,  and  Curtis  Bean,  ensign  of  the  sec- 
ond company  of  light  infantry,  both  of  the  second  regiment ;  Al- 
pheus  D.  Cate,  lieutenant  in  the  third  company  of  infantry  in  the 
nineteenth  regiment ;  Willard  Winter,  ensign  in  the  first  company 
of  riflemen  in  the  thirty-first  regiment ;  Nathan  Richardson,  colo- 
nel of  the  eighth  regiment ;  John  H.  Harvey,  ensign  of  the  first 
company  of  infantry  in  the  eighteenth  regiment  ;  Asa  Colby,  lieu- 
tenant in  the  fourth  company  in  the  forty-second  regiment ;  Solo- 
mon S.  Newell,  ensign  of  the  second  company  of  infantry  in  the 
thirteenth  regiment ;  John  F.  Locke,  lieutenant  in  the  sixth  com- 
pany of  infantry  in  the  twenty-fomth  regiment ;  Shubel  B.  Day, 
lieutenant  in  the  first  company  of  infantry  in  the  twenty-fourth 
3 


68  REMOVAL  or  MILITIA  OFriCERS.  [cHAP.   51. 

regiment ;  Oliver  Pray,  lieutenant  of  the  seventh  company  of  in- 
fantry in  the  thirty-seventh  regiment ;  Rodney  Putney,  ensign  of 
the  Washington  Cadets  in  the  twenty-eighth  regiment ;  Charles 
Dunsmore,  second  lieutenant  of  the  artillery  company  in  the  six- 
teenth regiment ;  and  the  following  person  for  ungentlemanly  and 
unofficer-like  conduct  generally,  viz :  Jairus  M.  Snow,  major  of 
the  twentieth  regiment ;  also  the  following  person,  for  refusing  to 
do  military  duty,  having  held  a  commission  several  years,  viz  :  Asa 
.W.  Ring,  lieutenant  colonel  in  the  eighth  regiment ;  for  which 
causes  the  senate  and  house  of  representatives  respectfully  re- 
quest your  excellency  to  remove  the  aforesaid  officers  from  their 
respective  commands,  in  conformity  with  the  provisions  of  the  con- 
stitution. 

SAMUEL  SWASEY, 
Speaker  of  the  House  of  Representatives. 
TITUS  BROWN, 

President  of  the  Senate. 
The  before-named  officers,  for  the  reasons  assigned,  are  hereby 
removed  from  their  respective  offices. 

HENRY   HUBBARD,    Governor. 
June  27th,  1843. 


CHAPTER  51. 

AN  ADDRESS  in  favor  of  the  removal   of  certain  officers  therein 

named. 

To  His  Excellency  Henry  Hubbard,   Captain  General  and  Com- 
mander-in-Chief of  the  Militia  of  New  Hampshire. 

The  Senate  and  Uonse  of  Representatives  in  General  Court 
convened,  Represent  to  your  excellency  that  the  following  person 
has  been  duly  commissioned  as  an  officer  of  the  militia  of  the  State 
of  New  Hampshire,  and  has  removed  and  gone  beyond  the  limits 
of  his  command  to  reside,  and  has  neglected  to  resign  his  commis- 
sion, viz  :  Benjamin  C.  Fisk,  lieutenant  in  the  second  company  of 
infantry  in  the  twenty-first  regiment  ;  and  the  following  person  for 
intemperate  habits,  viz  :  Moses  Lamos,  jr.,  second  lieutenant  in  the 
Lafayette  Artillery  company  in  the  twenty-fifth  regiment;  for  which 
cause  the  senate  and  house  of  representatives  respectfully  request 
your  excellency  to  remove  the  aforesaid  officers  from  their  respec- 
tive commands,  in  conformity  to  the  provisions  of  the  constitution. 

SAMUEL  SWASEY, 
Speaker  of  the  House  of  Representatives. 
TITUS  BROWN, 

President  of  the  Senate. 


CHAP.   53.]  BOSCAWEN  ARTILLERY WEST  POINT    ACADEMY.  69 

The  before  named  officers,  for  the  reasons  assigned,  are  hereby 
removed  from  their  respective  offices. 

HENRY  HUBBARD,  Governor, 
Jmie  30,  1843. 


CHAPTER  62, 

RESOLVED  by  the  Senate  and  House  of  Representatives  in 
Geno'al  Court  convened.  That  the  adjutant  general  be  and  hereby 
is  authorized  and  directed  to  purchase,  at  the  expense  of  the 
State,  one  six  pound  piece  of  brass  ordnance  for  the  use  of  the 
Boscawen  Artillery  company  in  the  twenty-first  regiment ;  and  that 
a  sum  not  exceeding  two  hundred  and  eighty  dollars  be  appropria- 
ted for  the  aforesaid  object,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated ;  and  that  the  governor  be  authorized  to 
draw  his  warrant  on  the  treasurer  for  so  much  of  said  sum  as  may 
be  necessary  for  the  purposes  aforesaid. 

Resolved,  That  the  adjutant  general  be  and  herehy  is  author- 
ized to  receive  the  piece  of  ordnance  now  in  the  possession  of 
the  Boscawen  Artillery  company,  and  sell  the  same  and  pay  the 
proceeds  thereof  into  the  treasury. 

Approved,  June  30,  1843. 


CHAPTER  53. 

The  committee  on  Military  Affairs,  to  whom  was  referred  the 
resolution  directing  them  to  inquire  into  the  expediency  of  instruct- 
ing our  senators  and  requesting  our  representatives  in  congress  to 
use  their  efforts  to  abolish  the  Military  Academy  at  West  Point, 
having  had  the  same  under  consideration,  unanimously  report  the 
following  preamble  and  resolutions  : 

PREAMBLE. 

The  military  defence  of  our  country  is  doubtless  one  of  the 
most  important  duties  imposed  upon  the  people  by  the  framers  of 
the  national  constitution.  This  requirement  being  imposed  upon 
the  great  mass,  it  then  follows,  as  a  matter  of  course,  with  the  im- 
position of  this  obligation  upon  the  people,  the  citizen  soldiery, 
that  the  general  government  is  in  duty  bound  to  make  all  proper 
provisions  for  disseminating  military  knowledge  and  for  disciplining, 
not  only  officers,  but  soldiers  also,  in  the  art  of  war,  that  thus  we 


70  WEST  POINT  ACADEMY.  [cHAP.   63. 

may  at  all  times  be  prepared  for  any  and  all  emergencies  whatever. 
All  governments  that  do  not  discriminate  between  military  systems, 
and  adopt  that  which  is  most  congenial  with  the  principles  of  their 
state  policies,  are  guilty  of  political  suicide.  We  are  well  aware, 
that  although  a  standing  army  and  its  consequent  evil,  a  military 
aristocracy,  may  be  congenial  with  the  genius  of  monarchical  gov- 
ernments, and  necessary  for  the  safety  of  the  same  ;  yet  with  a 
government  like  ours,  it  is  not  only  unnecessary,  but  incompatible 
and  absolutely  dangerous  to  the  safety  of  our  free  institutions,  and 
the  only  safe  and  proper  substitute  is  the  militia — the  citizen  sol- 
diery. Power  deposited  in  their  hands  is  always  safe,  and  never 
will  be  exhibited  in  practice,  except  in  repelling  the  invaders  of 
our  country.  It  is  a  fact  well  known  probably  to  all,  that  the 
general  government  annually  expends  more  money  for  the  support 
of  the  military  defences  than  for  any  other  object  ;  and  it  may  not 
be  improper  for  the  people  to  know  how  and  where  it  is  expended. 

One  very  important  item  in  the  account  is  the  annual  large  ap- 
propriations for  the  support  of  the  Military  Academy  at  West  Point, 
in  addition  to  the  large  sums  expended  to  establish  the  institution. 
And  why  this  expenditure  ?  Does  the  good  of  the  country  demand 
it  ?  We  are  of  opinion  that  whatever  this  institution  may  have 
been  in  its  early  state,  it  certainly  does  not  at  the  present  time,  as 
we  believe,  answer  the  purpose  that  the  country  have  a  right  to 
expect  from  an  institution  of  this  kind.  We  consider  it  no  less 
than  a  charity  school  of  aristocracy — that  its  influence  and  practi- 
ces are  wholly  and  entirely  inconsistent  with  the  genius  of  our 
republican  institutions,  decidedly  hostile  to  our  militia,  and  subver- 
sive of  the  rights  of  the  citizen  soldiery.  Provision  is  made  by  law 
for  educating  two  hundred  and  fifty  cadets  at  this  seminary,  at  the 
public  expense;  and  to  complete  the  course  of  instruction  requires 
four  years.  The  number  of  graduates,  annually,  therefore,  cannot 
exceed  sixty-two,  and  for  the  last  thirty  years  has  not  averaged 
more  than  about  forty ;  and  the  people  are  taxed  to  the  amount  of 
from  five  to  six  thousand  dollars  for  every  officer  educated  here. 
Notwithstanding  this  heavy  tax  on  the  public,  it  does  not,  in  the 
most  remote  degree,  aid  in  the  discipline  of  the  militia. 

The  organization  of  the  seminary  is  also  in  direct  violation  of 
the  fundamental  principles  of  our  republican  policy  of  government, 
which  guaranties  that  stations  of  honor,  trust  and  emolument  shall 
be  equally  open  to  all.  The  regulations  of  the  department  require 
that  the  vacancies  for  officers  that  occur  in  the  army,  shall  be  filled 
by  the  graduates  of  West  Point,  and  by  them  only.  The  conse- 
quence of  such  an  arrangement  is  that  every  young  man  in  the 
United  States,  who  has  attained  the  age  of  twenty-one  years,  unless 
he  happen  to  be  one  of  the  select  two  hundred  and  fifty,  whom 
executive  favor  has  placed  in  this  public  charity  school,  to  be  edu- 
cated at  the  public  expense,  is  utterly  and  forever  excluded  from 
holdhig  any  office    of  honor,  trust  or  emolument  in  the  military 


CHAP.   53. J  WEST  POINT  ACADEMY.  71 

service  of  our  country,  however  meritorious  and  deserving  he  may 
be  of  the  trust.  And  this  brings  us  to  another  very  objectionable 
feature  in  this  institution,  which  is  the  mode  of  selecting  candi- 
dates for  the  school.  This  is  made  a  mere  matter  of  favoritism, 
and  young  men  almost  invariably  are  taken  from  the  families  of 
rich,  influential  men — young  men,  too,  who  have  been  brought  up 
in  a  manner  that  would  beter  fit  them  for  the  drawing  room  than 
the  tented  field.  They  in  this  way  obtain  a  finished  education  at 
the  expense  of  the  public,  as  well  as  a  reputation  among  the  fash- 
ionables of  the  day.  After  having  obtained  an  education,  when 
their  services  in  the  field  are  needed,  they,  many  of  them,  tender 
their  resignations  instead  of  their  services.  It  has  been  stated  on 
good  authority  that  during  the  first  year  of  the  Florida  war,  one 
hundred  and  seventeen  ofhcers  resigned,  and  during  the  war,  be- 
tween two  and  three  hundred  of  these  dandy  officers  actually  sent 
in  their  resignations.  Thus  after  educating  them,  the  government 
is  not  able  to  command  their  services  when  most  needed,  and  it  is 
a  notorious  fact,  that  government  was  much  troubled  for  want  of 
officers  diuing  the  conflict  with  the  Seminole  savages.  We  Avould 
not  be  understood  as  saying  or  intimating  that  good  officers  do  not 
come  forth  from  this  school,  but  we  do  pretend  to  say  that  we  be- 
lieve that  the  evils  connected  with  and  growing  out  of  its  ill  man- 
agement, are  of  such  magnitude  that  its  perpetuity  is  entirely  un- 
justifiable. If  our  militia  has  depreciated  in  efficiency,  it  may  to  a 
great  degree  be  attributed  to  the  baneful  influence  of  this  nucleus 
of  aristocracy,  which  has  already  cost  the  government  more  than 
eight  millions  of  dollars. 

It  is  to  be  regretted  that  this  school,  after  having  been  in  full 
operation  on  its  present  enlarged  plan  more  than  thirty  years,  grad- 
uating forty  or  upwards  annually,  making  in  all  from  twelve  to 
fifteen  hundred,  at  an  expense  of  more  than  ^200,000  annually, 
and  yet  it  fails  to  furnish  officers  for  our  small  military  defence, 
except  in  times  of  actual  peace. 

The  minority  of  the  board  of  visitors  appointed  to  visit  West 
Point,  June  2oth,  1S40,  in  their  report,  use  the  following  language  : 
"During  the  period  of  panic,  while  the  Seminoles  were  butchering 
our  fellow  citizens  in  Florida,  the  graduates  of  West  Point  in  large 
numbers  resigned  their  commissions.  Having  received  an  educa- 
tion from  the  country,  which  enabled  them  to  command  a  salary  of 
a  few  more  dollars  annually,  in  civil  life,  than  that  paid  for  defend- 
ing the  lives  and  property  of  our  people  at  the  posts  of  danger, 
they  hesitated  not  to  embrace  it,  and  in  this  exigency  the  govern- 
ment had  to  seek  from  the  ranlvs  and  ploughmen,  men  of  talents 
and  spirit  to  supply  their  places.  Wlien  we  compare  the  spirit  and 
patriotism  of  the  ancient  American  soldiery,  with  the  resignations 
which  have  taken  place  since  the  commencement  of  the  Seminole 
hostilities,  the  contrast  is  humiliating." 

What  compensation  have  the  people  received  in  return  for  the 


72  REFUNDING  FINE  TO  GEN.  JACKSON.  [cHAP.   54. 

vast  sum  of  money  expended  on  this  institution  since  its  establish- 
ment ?  Let  the  events  of  the  inglorious  Florida  war,  contrasted 
with  the  daring  and  brilliant  achievements  of  our  citizen  soldiers 
against  the  Indians,  when  their  energies  were  directed  by  a  Clarke, 
a  Wayne,  a  Harrison,  a  Jackson,  a  Johnson,  whose  education  never 
cost  the  people  a  cent,  answer  the  question. 

It  is  the  duty  of  statesmen,  legislators  and  patriots  to  inquire  into 
the  cause  of  all  public  abuses  and  evils,  and  provide  such  remedies 
as  they,  in  their  wisdom,  may  deem  most  conducive  to  the  jDublic 
weal.  Your  committee,  therefore,  subjoin  the  accompanying  reso- 
lutions for  your  consideration : 

1.  RESOLVED  by  the  Senate  mid  House  of  Representatives 
in  General  Court  convened,  That  the  Military  Academy  at  West 
Point  is  undeserving  of  our  further  patronage  and  support,  and  our 
senators  in  congress  are  instructed  and  om  representatives  are 
requested,  not  only  in  future  to  vote  against  all  appropriations  for 
the  support  of  the  aforesaid  institution,  but  to  vote  for  and  use  their 
efforts  to  have  the  same  entirely  abolished. 

2.  Resolved,  That  the  secretary  of  state  be  directed  to  transmit 
to  each  of  said  senators  and  representatives,  an  authenticated  copy 
of  the  foregoing  resolution. 

Approved,  June  30,  1843. 


CHAPTER  54. 

The  select  committee,  to  whom  was  referred  the  message  of  his 
excellency  the  governor,  inclosing  certain  resolutions  of  the  le- 
gislature of  the  state  of  Maine,  in  relation  to  the  fine  imposed 
on  General  Andrew  Jackson, 

REPORT : 

That  your  committee  have  examined,  with  all  the  care  they  have 
been  able  to  bestow  upon  the  subject,  the  causes  that  led  to  the 
arrest  and  fine  of  the  illustrious  soldier  and  patriotic  statesman, 
whose  devotion  to  his  country's  welfare,  has  shed  a  halo  around 
his  name,  which  will  shine  brighter  and  brighter  while  men  pay 
homage  to  talents  and  virtue,  or  vice  shrinks  back  abashed,  in  the 
presence  of  exalted  worth  and  pure  devotion  to  the  best  interests 
of  the  human  race. 

And  while  they  would  maintain,  in  full  vigor,  the  just  preroga- 
tives of  the  court,  they  would  guard,  with  strict  and  watchful 
scrutiny,  the  rights  of  every  individual,  however  humble  may  be 
his  station. 


CHAP.   55.]  ENGROSSMENT  OF  BILLS  AMENDING  R.   S.  73 

And  your  committee  deem  it  alike  due  to  the  character  of  our 
common  country,  and  to  the  pure  and  devoted  patriot,  whose 
whole  life  has  been  dedicated  to  the  service  of  that  country  ;  whose 
courage  in  the  field,  and  whose  wisdom  and  firmness  in  the  cabi- 
net, have  warded  off  the  shafts  alike  of  open  and  concealed  foes  ; 
that  the  implitd  stigma  cast  upon  him  by  Judge  Hall,  should  be 
wiped  out,  and  the  only  corrective  in  the  power  of  tardy  justice, 
tendered  to  gladden  the  heart  and  cheer  the  mind  of  that  venera- 
ble and  venerated  statesman  ;  that  while  the  last  sands  of  life  are 
running,  he  may  console  himself  with  the  knowledge  that  his  sac- 
rifices and  his  services  are  duly  appreciated  by  his  countrymen  ;  and 
that  they  will  guard  with  Avatchful  care,  a  fame  which  belongs  to 
mankind,  and  which  goes  far  to  exalt  and  purify  the  race  of  man. 

In  accordance  with  these  views,  the  committee  report  the  ac- 
companying resolutions : 

RESOLVED  hy  the  Senate  mid  House  of  Representatives 
in  General  Court  convened,  That  the  resolution  of  the  legislature 
of  the  state  of  Maine,  declaring  ''that  it  it  is  alike  due  to  the  de- 
voted patriotism  and  distinguished  services  of  General  Andrew 
Jackson,  and  to  the  honor  of  a  grateful  country,  that  the  fine  im- 
posed on  him  by  Judge  Hall,  for  an  alleged  contempt  of  the  au- 
thority of  the  said  judge,  be  unconditionally  refunded,"  meets  our 
cordial  approbation. 

Resolved,  That  our  senators  in  congress  be  instructed,  and  our 
representatives  be  requested  to  use  their  best  exertions  to  procure 
the  passage  of  a  law  by  congress,  unconditionally  refimding  to 
General  Andrew  Jackson  the  fine  imposed  upon  him  by  Judge 
Hall,  A.  D.  1815,  for  an  alleged  contempt  of  the  authority  of  the 
said  judge,  in  defending  the  city  of  New  Orleans  from  a  ruthless 
foreign  foe,  together  with  the  costs  and  interest  on  the  same. 

Resolved,  That  his  excellency  the  governor  of  this  State,  be 
requested  to  transmit  a  copy  of  these  resolutions  to  General  Andrew 
Jackson,  to  each  of  our  senators  and  representatives  in  congress, 
and  to  each  of  the  governors  of  the  several  states  of  this  union, 
to  be  laid  before  their  respective  legislatures. 

Approved,  June  19,  1843. 


CHAPTER  55. 

RESOLVED  hy  the  Senate  and  House  of  Representatives  in 
General  Court  co7ivened,  That  all  bills  and  the  several  sections 
thereof,  which,  at  the  present  session,  have  been  or  shall  be  passed, 
in  addition  to  or  in  amendment  of  the  Revised  Statutes,  shall,  by 


74  REGISTERS  OF  PROBATE GEOLOGICAL  REPORT.        [cHAP.   57. 

the  joint  committee  on  engrossed  bills,  be  consistently  arranged, 
and  with  such  merely  verbal  alterations  as  the  noAV  arrangement 
shall  require,  shall  be  engrossed  as  one  bill,  with  notes  in  the  mar- 
gin thereof  designating  the  chapter  or  section  to  which  the  addi- 
tion or  amendments  apply ;  that  the  title  of  said  engrossed  bill 
shall  be,  "An  act  in  addition  to  and  in  amendment  of  the  Revised 
Statutes  of  the  State  of  New  Hampshire  ;"  and  that  said  bill  being 
reported  by  the  committee,  and  found  by  both  houses  to  be  cor- 
rectly engrossed,  shall  be  signed  by  the  presiding  officers  thereof, 
and  ^resented  to  the   governor  for  his  approval. 

Approved,  June  24,  1843. 


CHAPTER  56. 

RESOLVED  by  the  Seriate  and  House  of  Representalivcs  in 
General  Court  convened^  That  it  shall  be  the  duty  of  the  registers 
of  probate  in  the  several  counties  in  this  State,  to  dwell  and  have 
their  homes  in  the  towns  or  places  in  which  the  probate  records 
are  by  law  required  to  be  kept,  in  the  several  respective  counties  ; 
and  if  any  register  of  probate  in  this  State,  shall,  after  the  lapse 
of  thirty  days  from  the  passage  of  this  resolution,  dwell  and  have 
his  home  in  any  other  town  or  place  than  as  provided  in  this  reso- 
lution, the  office  of  said  register  shall  thereby  become  vacant,  and 
shall  be  held  to  be  vacant,  and  it  shall  be  the  duty  of  the  governor 
and  council,  as  in  other  cases,  to  fill  the  same. 

Approved,  June  30,  1843. 


CHAPTER  57. 

RESOLVED  by  the  Senate  and  House  of  Representatives  in 
General  Co2irt  convened,  That  the  secretary  of  state  procure  the 
printing  of  six  hundred  copies  of  the  final  Report  of  the  Geologi- 
cal and  Mineralogical  Survey  of  this  State,  with  the  maps,  plates 
and  sections ;  and  that  the  necessary  maps,  plates  and  sections  be 
paid  for  from  any  money  in  the  treasury  not  otherwise  appropria- 
ted, and  that  the  governor  with  the  advice  of  council,  shall  exam- 
ine and  decide  what  plates,  maps  and  sections  are  necessary,  and 
the  governor  shall  draw  his  warrant  on  the  treasury  for  so  much 
money  as  may  be  necessary  therefor. 


CHAP.    60.]     N.    H.    REPORTS 310NEY  FOR  STATE   MAY  BE  BORROWED.     75 

Resolved,  That  five  himdred  copies  be  printed  of  the  Geologi- 
cal Report,  to  be  had  on  sale  at  the  same  price  as  those  furnished 
for  the  State,  provided  they  are  subscribed  for  before  their  publica- 
tion. Approved,  July  1,  1843. 


CHAPTER  58. 

RESOLVED  by  the  Senate  a7id House  of  Representatives  iii 
General  Court  convened,  That  the  Geological  Survey  of  this 
State  be  no  farther  prosecuted,  and  the  services  of  the  State  Geol- 
ogist be  dispensed  with,  except  so  far  as  may  be  necessary  to 
complete  the  printing  of  his  final  report. 

Approved,  July  1,  1843. 


CHAPTER  59. 

RESOLVED  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  secretary  of  state  be  directed 
to  procure  in  good  binding  a  sufficient  number  of  copies  of  the 
New  Hampshire  Judicial  Reports,  which  now  are  or  may  hereafter 
be  published,  to  supply  the  government  of  the  United  States  and 
the  several  states  and  territories  of  the  union  with  one  full  copy 
each,  including  such  of  said  reports  as  may  have  been  already  fur- 
nished and  transmitted  as  aforesaid  ;  and  cause  the  same  to  be  duly 
transmitted  to  the  secretaries  thereof;  and  that  the  same  be  paid 
for  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

Approved,  Jmie  21,  1843. 


CHAPTER  60. 

RESOLVED  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  treasurer  of  this  State  be  anc 
he  hereby  is  authorized  to  borrow  on  the  credit  and  for  the  use  of 
the  State,  at  such  times  and  in  such  proportions  as  he  may  consider 
necessary  and  proper,  a  sum  not  exceeding  forty  thousand  dollars, 
at  the  lowest  rate  of  interest  at  wliich  the  same  can  be  procured, 
4 


76  DEAF  AND  DUMB,  AND  BLIND.  [cHAP.  02. 

not  exceeding  six  per  cent,  per  annum ;  and  the  treasurer  for  the 
time  being  is  auth'orized  to  pay  the  sum  or  sums  so  borrowed,  and 
the  interest  thereon,  when  the  same  shall  become  due,  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 

Approved,  June  30,  1843. 


CHAPTER  61. 

RESOLVE D  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened^  That  the  sum  of  fifteen  hundred  dollars 
be  and  the  same  is  hereby  appropriated  for  the  education  of  indi- 
gent deaf  and  dumb  persons  of  this  State,  at  the  Asylum  at  Hart- 
ford, and  the  sum  of  five  hundred  dollars  for  the  purpose  of  educa- 
ting indigent  blind  and  partially  blind  persons  of  this  State,  at  the 
institution  of  -the  blind  at  Boston ;  that  said  sums  be  respectively 
expended  and  applied  for  the  benefit  of  such  and  so  many  of  those 
persons  as  his  excellency  the  governor  shall  elect  and  approve  ; 
and  the  governor  is  hereby  authorized  to  draw  said  sums  from  the 
treasury  by  warrant. 

Approved,  June  30,  1843. 


CHAPTER  62. 

RESOLVED  hij  the  Senate  atid  House  of  Representatives  in 
General  Court  convened,  That  his  excellency  the  governor  be  and 
he  hereby  is  authorized  to  apply  any  portion  of  the  unexpended 
balance  of  the  appropriation  made,  the  present  session,  for  the  bene- 
fit of  the  indigent  blind  and  partially  blind  persons  of  this  State,  at 
the  Asylum  at  Boston,  to  the  education  of  indigent  deaf  and  dumb 
persons  of  this  State,  at  the  Asylum  at  Hartford,  which  may  be 
necessary  to  complete  the  education  of  the  number  of  pupils  now 
at  said  Asylum  at  Hartford,  froni  this  State. 

Approved,  July  1,  1843, 


CHAP.    65.J  ELECTION  IN  BENNINGTON   AND   WINDSOR.  77 


CHAPTER  63. 

RESOLVED  by  the  Seriate  and  House  of  Representatives  in 
General  Court  convened^  That  the  sum  of  five' hundred  dollars  be 
and  the  same  is  hereby  appropriated  for  the  contingent  expenses  of 
this  State,  and  that  his  excellency  the  governor  be  and  hereby  is 
authorized  to  draw  from  time  to  time  from  the  treasury  for  such 
expenses,  such  sums  as  to  him  may  appear  necessary,  not  exceed- 
ing in  the  whole  the  above  sum. 

Approved,  June  30,  1843. 


CHAPTER  64. 

RESOLVED  bij  the  Seriate  and  House  of  Representatives  in 
General  Court  convened,  That  to  enable  the  governor  to  carry 
out  the  intention  of  one  item  of  duty  assigned  to  him,  ''to  provide 
such  books  and  other  instruction  as  he  shall  deem  necessary  for  the 
convict ;"  he  be  authorized  to  draw  annually  from  the  income  of 
the  prison,  or  from  tlie  State  treasury,  a  sum  not  exceeding  three 
hundred  dollars,  for  the  purpose  of  employing  a  chaj^lain,  who  shall 
devote  his  attention  to  the  public  and  private  instruction  of  the 
convicts  on  the  Sabbath,  and  on  other  days,  and  to  piu:chase  such 
books  as  may  be  deemed  expedient. 

Approved,  June  30,  1843. 


CHAPTER  65. 

RESOLVED  by  the  Senate  and  House  of  Representatives  in 
General  Court  co?ivcned,  That  the  next  annual  meeting  for  the 
choice  of  a  representative  to  the  general  coiu't  from  the  district 
composed  of  the  towns  of  Bennington  and  Windsor,  for  the  year 
one  thousand  eight  hundred  and  forty-four,  shall  be  holden  in  said 
town  of  Bennington,  and  that  said  meeting  for  the  same  purpose, 
for  the  next  succeeding  year,  shall  be  holden  in  the  town  of  Wind- 
sor, and  so  on  alternately,  so  long  as  the  classificatipn  of  said  towns 
exists.  Approved,  June  27,  1843. 


ELECTION  IN  CARROLL,   (^C. LIBRARIAN.  fCHAP.   68. 


CHAPTER  66. 

RESOLVED  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  next  annual  meeting  for  the 
choice  of  a  representative  to  the  general  court  from  the  district  com- 
posed of  the  town  of  Carroll,  Nash  and  Sawyer's  Location,  Craw- 
ford's Purchase  and  Hart's  Location,  for  the  year  one  thousand  eight 
hundred  and  forty-four,  shall  be  holden  in  said  town  of  Carroll ; 
and  that  said  meeting  for  the  same  purpose  for  the  next  succeeding 
year  shall  be  held  in  Crawford's  Purchase  ;  and  so  on  alternately, 
so  long  as  the  classification  of  said  town  and  unincorporated  places 
exist.  Approved,  June  30,  1843. 


CHAPTER  67. 

RESOLVED  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Jacob  C.  Carter  be  and  hereby  is 
appointed  librarian  for  the  year  ensuing. 

Approved,  June  24,  1843. 


CHAPTER  68. 

RESOLVED  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  William  Fisk  be  appointed  to  take 
charge  of  the  State  house  and  State  house  yard  the  ensuing  year. 

Approved,  June  24,  1843. 


INDEX 

TO    THE    PUBLIC    ACTS    AND  RESOLUTIONS  PASSED  JUNE   SESSION,    1843. 


An   address  for  the  removal  of  certain  military  officers 67 

do ...  do ....  do do do do do 68 

Alteration  of  the  names  of  certain  persons 61 

Artillery  company  in  Dover,  act  in  favor  of 65 

do ....  do ...  in  3d  regt . .  do do 66 

do . . . .  do . . .  BoscaAven . .  do do 69 

do do.  .  .in  28th  regt do 66 

Banks  and  banking,  an  act  in  relation  to 58 

do     may  close  np  the  concerns  at  the  expiration  of  charter . .  58 
do     capital  stock  not  to  be  reduced  beyond  a  certain  amount .  58 

do     stockholders  personally  liable, 58 

do to  have   contribution 59 

Bennington  and  Windsor,  choice  of  representative  from,  time 

and  place 77 

Blind,  ^500  appropriated  for  their  education 76 

Bridge  corporations,  places  of  business 55 

Carroll,  Nash  and  Sawyer's  Location,  Crawford's    Purchase 
and  Hart's   Location,  choice  of  representative,  time  and 

place 78 

Carter,  J.  C.  appointed  Librarian 78 

Circuit  court  justices  to  have   same  powers  as  justices  of  the 

Superior  Court 56 

Compensation  of  justices  of  C.   C.  P 56 

Concord  Railroad  Corporation,  amendment  of  the  charter 60 

Corporations  to  cause  lists  named  in  ch.  146,  sec.  6,  R.  S.  to  be 

left  with  town  clerks 55 

Contingent  expenses  of  the  State,  ^500  appropriated 77 

County  treasurers  may  borrow  money 53 

Courts  to  take  cognizance  and  jurisdiction  when  new  terms 

are  established 57 

Deaf  and  dumb,  $1500  appropriated  for  education  of 76 

do do . .  the  unexpended  balance  of  the  appropriation 

for  the  blind  to  be  applied   to  education  of. .  76 
Ferrin,  James,  of  Freedom,  annexed  to  school  district  No.  4 

in  Eaton 63 

Fisk  Wm.  appointed  keeper  of  the  State  House 78' 


80  INDEX. 

Geological  survey  of  the  State,  report  on,  to  be  printed 74 

do 500  copies  additional  to  be   printed . .  75 

do discontinuance  of 75 

Hopkins,  Robert  of  Windliam,  annexed  to  school  district  No. 

five  in  Derry 64 

Inventories,  returns  of 62 

selectmen  to  transmit,  to  the  office  of  Secretary  of  State . .  62 

penalty  for  neglect  or  refusal  to  transmit 62 

information  of  neglect  or  refusal  to  be  given  to  atty.  gen . .  62 
blanks  for  return  of,  to  be  furnished  by  Secretary  of  State . .  63 
Jackson,  Gen.  Andrew,  report  and  resolutions  directing   ttie 

fine  imposed  upon  him  by  Judge  Hall  to  be  refunded . .  72-73 

Judiciary,  act  in  relation  to 57 

Militia,  appropriations  for 64 

Manufacturing  corporations,  act  relating  to 59 

stockholders  in,  may  vote  by  proxy 59 

assent  of  three  fourths,  necessary 59 

stockholders  in,  to  make  oath 59 

instructions  to  proxy  to  be  in  writing 59 

number  of  votes  limited 59-60 

parts  of  acts  in  relation  to,  repealed 60 

Mess  beef 54 

N.  H.  Asylum,  attendants  upon  the  insane  in,  exempted  from 

military  duty 54 

Names,  alteration  of 61 

Police  officers,  powers  and  duties 54 

Probate  court  in  Carroll  county,  time  and  place 55 

Probate  judges  of,  may  proceed  with  notice 55 

Railroad  tax  to  be  assessed  in  proportion  to  taxation  of  other 

property 54 

Railroads,  places  of  business 55 

Registers  of  probate  to  dwell  where  the  probate  records  are  kept .  74 
Reports,  N.  H.,  to  be  fiu-nished  to  United  States  government 

and  to  the  several  states  and  territories 75 

Revised  Statutes,  amendments  to,  how  to  be  engrossed 73-74 

act  in  addition  to  and  in  amendment  of  the 53 

County  treasurers  may  borrow  money 53 

construction  of  sec.  5,  ch.  39 53 

provision  in  ch.  39,  extended 54 

Railroads — ^taxes  assessed  in  proportion  to  taxation  of 

other  property 54 

Attendants  at  the  N.  H.  Asylum  exempted  from  military 

dvUy 54 

Mess  beef—R.  S.  ch.  10,  sec.  5 54 

powers  and  duties  of  police  officers 54 

part  of  sec.  44,  ch.  140,  repealed 54 

Corporatio7is,  to  cause  lists  nanrcd  in  ch.  146.  sec.  6   R. 
S.  to  be  left  with  town  clerks 55 


INDEX. 


81 


Railroad  corporations — places  of  business 5B 

Bridge  do do 55 

ch.  150,  sec.  16,  applied  to  guardians 55 

Probate  court,  to  be  holden  in  Carroll  county 55 

Judges  of  Probate  may  proceed  without  notice 55 

Circuit  justices  to  have  same  powers  as  justices  of  Su-    " 

perior  Court  in  certain  cases 55-56 

may  order  clerk  of  C.  C.  P.  to  enter  up  judgment 
as  of  the  term  of  said  court  next  preceding  the 

term  of  Superior  Court 56 

ch.  225,  construction   of 56 

Judges  C  C.  Pleas,  compensation  of 56 

acts   repealed 56 

act  in  amendmpnt  of  oh.  185 57 

State  Prison,  $300  appropriated  for  the  rehgious  instruction 

of  the   convicts 77 

State,  ^40,000  to  be  borrowed  for  the  use  of 75 

State,  $60,000  to  be  raised  for  the  use   of  the 60 

Tilton,  Jeremiah  C.  act  in  favor  of 67 

West  Point  Academy,  preamble  and  resolutions  relating  to . .  69-72 


LIST 

OF  THE  PRIVATE  ACTS  AND  RESOLUTIONS  PASSED  JUNE    SESSION,    1843. 


A  Resolution  in  favor  of   William  Rymes, 

George  Mc Daniel  and  others, 
Benaiah  Cooke, 
Josiah  B.  Wig  gin  and  others, 
George  W.  Ela, 
Isaac  L.  Folsom  and  others, 
Robert  Hale  and  others, 
Lucinda  C.  Given, 
Zenas  Clement  and  others, 
William  Fiske  and  others, 
William  Carter,  jr. 
James  Burley  and  others, 
Harry  Hihbard  and  others, 
Samuel  D.  Bell  and  others, 
estate  of  George  W.  Bagley, 
Jesse  Carr  and  others, 
Benjamin  Stephenson  and  others. 
A  resolution  in  relation  to  the  case  State  of  New  Hampshire 
vs.  Gordon  Burley 


